Recently, in some modern Orthodox circles, a movement has emerged to support an additional marriage contract. This is a response to a growing number of cases where the husband refuses to grant a religious divorce. In such cases, the local authorities are not in a position to intervene, both for the sake of separation of Church and State and because certain Halachois problems would arise. This situation leaves the woman in a state of Aginut where she is not able to remarry. To remedy this situation, the movement promotes a marriage contract in which the couple agrees to carry out their divorce, if it occurs, before a rabbinical court. There are several ways to challenge a marriage contract in court. These include lack of volunteering, impitoyability and non-transfer of assets.  Marriage contracts throughout the United States cannot address issues relating to the children of marriage, particularly matters relating to custody and relationships.  The reason for this is that children`s issues must be decided in the best interests of the children.  But it`s controversial: Some people think that, since custody disputes are often the most serious part of a divorce, couples should be able to settle this in advance.  In 2015, the U.S.
Supreme Court granted same-sex marriages the same legal basis as marriage between couples of both sexes, in Obergefell v. Hodges (decision of 26 June 2015). The effect of the Supreme Court ruling is that a pre-marital agreement entered into by a same-sex couple in one state is fully applicable in the event of divorce in another state.  In practice, marriages can violate canon law in a variety of ways. For example, they cannot prepare for a marriage on terms that concern the future. According to the Code of Canon Law, «a marriage linked to a condition of the future cannot be concluded effectively». (CIC 1102) You can find these conditions in clause 1466 of the Commercial and Civil Code of Thailand. In accordance with Thai marriage laws, the marriage contract focuses on the property and financial implications of the marriage and sets out conditions for the ownership and management of common personal and concrete property as well as a possible division of marital property in the event of dissolution of the marriage.
The marriage contract also contains a list of each party`s personal property at the time of the marriage and ensures that the debt and property before the marriage remains the property of the original owner or debtor. Personal property includes: a marriage contract, marriage contract or pre-marital contract (usually called prenup) is a written contract concluded by a couple before marriage or a registered partnership that allows them to select and control many of the legal rights acquired during marriage and what happens when their marriage ends in death or divorce. Couples enter into a written marriage contract to replace many of the marriage laws that would otherwise apply in the event of divorce, such as laws governing the distribution of property and age benefits and savings and the right to claim maintenance (spouse`s allowance) with agreed terms, provide security and clarify their matrimonial rights.   A pre-marital contract may also involve the waiver of a surviving spouse`s right to claim a share of choice in the deceased spouse`s estate.  Marriage contracts may restrict the property and assistance rights of the spouses of the parties, but also to guarantee each party the right to request or obtain assistance from the spouse up to a certain limit. It may be impossible to set aside a properly designed and executed prenup. A prenup can dictate not only what happens when parties divorce, but also what happens when they die. . . .