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These agreements can be entered into under the Indian Contract Act of 1872. Section 10 of the Indian Contract Act provides that agreements are considered contracts if they are entered into with the free consent of the parties. [7] However, section 23 of the same Act provides that a contract may be null and void if it is contrary to the law or contrary to public order. [8] Like a prenup, a contract of succession is a written contract between already married parties. It may seem like a very unromromous idea, but a post-marital contract can save a lot of time, bad feelings, and money if you separate or divorce in the coming years. For couples who are writing a post-marital contract because they are already considering a separation or divorce, Stachtiari couples encourage couples to think carefully about what they really want to do. He adds that the longer a marriage lasts, the more the couple becomes financially intertwined and the more difficult it is to experience a breakup or divorce. “Give him an honest shot,” says Stachtiaris. “But if it`s clear that you or the other party won`t make it, then go down.” Many divorces turn into tedious, stressful, and emotional battles that can take months or even years, especially when there is bad blood between the outgoing spouses. In the absence of a prior or terminated contract, situations like this can result in astronomical attorneys` fees for both spouses and great uncertainty for both parties. It can take a long time for the court to make decisions about custody, maintenance of spouses, division of property and other variables.

Couples can rest more easily knowing that if they ever decide to separate, their financial security is guaranteed. You can also establish a terminated contract to cancel a previously written marriage contract. This can be a good option if your wishes and those of your spouse have changed drastically since signing the marriage contract. If you are interested in creating a terminated contract for you, be sure to work with an experienced attorney to ensure it is properly executed. . . .