بازار خرید و فروش انواع پارچه | پارچه سرا قیمت، خرید، فروش انواع پارچه
The Jewish marriage contract was recently developed with the stated intention of preventing the Jewish woman from becoming an agunah in cases where the husband refuses to grant her a get (Jewish divorce document). [1] Without such an agreement, Jewish marriages cannot be dissolved without the consent and cooperation of both spouses. This new type of marriage contract provides for the possibility of divorce. By establishing rules before marriage in the form of a contract, both spouses have an interest in negotiating a divorce with dignity and rejection is avoided. The courts will not require a person to do all the household chores or raise children in a particular religion. [41] In recent years, some couples have included social media provisions in their marriage contracts that set out rules about what can be posted on social media during marriage as well as in the event of marriage dissolution. [43] It wasn`t until the 1970s that marriage contracts became widely accepted in the United States. These factors that contributed to this acceptance include the increase in the number of divorces in the 1970s and the conduct of so-called “no-fault” divorces, after which a married couple could obtain a divorce without the need for a charge of misconduct against one or both spouses. During these changes, post-nuptial contracts began to be accepted in American jurisprudence. [7] Unlike all other contract laws, no consideration is required, although a minority of courts indicate the marriage itself in return.
Through a prenup, a spouse can completely renounce his or her property, maintenance or inheritance rights as well as the elective share and receives nothing in return. Choice of law provisions are crucial in the area of law. The parties to the agreement may choose that the law of the State in which they are married governs both the interpretation of the agreement and the division of property at the time of divorce. In the absence of a choice of law clause, the law of the place where the parties divorce, and not the law of the State in which they married, decides on questions of property and maintenance. In most Arab and Islamic countries, there is a marriage contract, traditionally known as aqd qeran, aqd nikkah or aqd zawaj, which has long been established as part of an Islamic wedding and is signed at the wedding ceremony. In Egypt, Syria, Palestine, Jordan and Lebanon, this treaty is widely known as Katb el-Kitab. The contract is similar to ketuba in Judaism and describes the rights and duties of the groom and bride or other parties involved in the marriage process. However, this differs from the marriage contract in that it does not specify how property is to be divided or inherited in the event of divorce or the death of a spouse. [59] Marriage contracts in Canada are subject to provincial legislation.
Every province and territory in Canada recognizes marriage contracts. For example, in Ontario, marriage contracts are called prenuptial agreements and recognized by section 52 of the Family Law Act. [18] In India, marriage contracts are very rare and have no applicable laws. However, with rising divorce rates, people are showing a growing interest in them. Some lawyers believe that prenups in India do not have a legal sanctity. However, in some cases, some form of contract is signed, usually between wealthy citizens. Indian courts allow the signing of a settlement memorandum during the divorce. But no court has yet been tasked with enforcing a prenup. [6] In most jurisdictions in the United States, five elements are required for a valid marriage contract:[38] In the United States, the most important marriage agreement to prevent denial of preservation signed within the Orthodox Jewish community is the Beth Din of America Convention.
[۴] This is a “binding arbitration agreement.” The Beth Din, which is accepted as an arbitral tribunal by the bride and groom, has the legal power to make a binding decision on all matters relating to a get. This ensures that all decisions leading to the administration of a get are made by rabbinical judges according to Orthodox halakha. The terms of the marriage contract describe the rules accepted by the signatories according to which the rabbinical court must rule. There are optional clauses that empower the court to rule on money, custody and related matters. The entire agreement is in accordance with the law of the State in which it was signed and may be enforced as an arbitration agreement binding in the state court. .
