Recently, a movement has developed in some modern Orthodox circles to support an additional marital agreement. This is a reaction to a growing number of cases where the husband refuses to grant a religious divorce. In such cases, local authorities are not in a position to intervene, both for the sake of separation of church and state and because some halachic problems would arise. This situation leaves the woman in a state of aginut where she cannot remarry. To remedy this situation, the movement promotes a marital agreement in which the couple agrees to file their divorce, should it occur, before a rabbinical court. These agreements can be covered by the Indian Contract Act 1872. Section 10 of the Indian Contracts Act states that agreements must be considered contracts when they are concluded by the free consent of the parties.  Section 23 of the same statute states that a contract may be non-sour if it is immoral or contrary to public policy.  There are many, but “one of the main reasons to sign a prenup is to deviate from what the law would provide in the event of a divorce,” says Elysa Greenblatt, a divorce lawyer in NYC. “People often want to protect their wealth from distribution, and a prenup is the obvious answer.
There are other reasons that do not come to mind as quickly as when a party has a child from a previous marriage – it may be important to have a prenup so that the parent can support that child with a marital income. Another reason is that divorce laws vary from state to state. If you live somewhere where there are fair distribution laws, but you can move to a state of community property, it is important to protect your assets and determine how they are distributed. The marriage contract may be entered into by a woman and a man who have applied for registration of their marriage, as well as by spouses. Minors who wish to enter into a marriage contract before the marriage is registered must obtain consent from their parent or administrator, authenticated by a notary. Couples can reduce their chances of marital discord by addressing potential financial, family and interfaith problems.