A marital agreement is different from the historical marriage regime, which was not primarily about the effects of divorce, but on the constitution and maintenance of dynastic families or a divorce regime established by the parties as part of the dissolution of their marriage. A marital contract, a premarital contract or a pre-marital agreement (commonly known as Prenup) is a written contract entered into by a couple before the breakdown of marriage or a civil union that allows them to choose and control many of the legal rights they acquire at the time of marriage, and what happens when their marriage ends in death or divorce. Couples enter into a written pre-retirement agreement so as not to enforce a large number of national marriage laws that would otherwise apply in the event of divorce, such as laws governing the sharing of benefits and pension savings, and the right to seek support (marriage assistance) with agreed conditions that provide security and clarify their marital rights.  A pre-marital contract may also include waiving the right of a surviving spouse to invoke a voting share in the deceased spouse`s estate.  An employer must know what is in the terms of an employment contract so as not to accidentally add these elements to its letters of offer. Issues frequently addressed in an employment contract that should be avoided are the length of work (unless it is a temporary or temporary job), work duties and requirements, and the reasons for dismissal or resignation. In the past, couples have entered into pre-marriage agreements with some uncertainty as to their validity. Today, the presumed validity and applicability of such agreements is no longer at issue in states that have adopted UPAA/UPMAA, including Florida, Virginia, New Jersey and California.  In India, marital agreements are very rare and have no laws in force. However, in the face of rising divorce rates, there is a growing interest in them. Some legal experts believe that prenups have no legal sanctity in India.
However, in some cases, usually among wealthy citizens, a form of contract is signed. But agreements must be reasonable and not violate existing laws, such as the Hindu Marriage Act. Indian courts allow for the signing of a settlement protocol during divorces. But no court has yet been asked to impose a prenup.  There are several ways to challenge a marital agreement in court. These include lack of volunteerism, lack of scruples and lack of disclosure of assets.  In all U.S. states, it is not permissible to address issues relating to children of marriage, particularly custody and access issues.
 The reason is that children`s issues must be decided in the best interests of children.  However, this is controversial: some people think that, as custody disputes are often the worst part of a divorce, couples should be able to settle this in advance.  Some federal statutes apply to conditions that may be contained in a premarital contract. The Withdrawal Equity Act (REA) of 1984, signed on August 23, 1984 by President Ronald Reagan, reconciled confusion over whether ERISA anticipated state divorce laws, thereby preventing pension plans from complying with court injunctions granting a spouse a portion of the worker`s pension in a divorce decree.  A matrimonial agreement may include exceptions whererightly agrees to revoke all rights against the other`s pension benefits arising from state and federal marriage laws, as in the context of the REA.