The agreement should also have a deterrence clause, which means that if one of the clauses of the agreement is invalidated, the rest of the agreement is still valid. 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. It is a formal written agreement, duly signed and attested by both parties, which lists the items brought at the time of the marriage and the objects given by the husband to the wife (and vice versa). In drafting an agreement, it is important to recognize that there are two kinds of state laws that govern divorce – a fair distribution, practiced by 41 states, and co-ownership, which is practiced in some variants of 9 states. An agreement written in a state of Community property cannot be intended to govern what happens in a fair distribution state and vice versa.
It may be necessary to retain lawyers in both states to cover the eventual case where the parties may be living in a state other than the one in which they were married. Often, people have more than one house in different states or they move a lot because of their work, so it is important to take this into account when developing. A marital agreement should contain only a few of the following clauses – 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.  In case of illness or wealth, a pre-marriage prenup is the way forward.
With a sharp increase in divorce rates, prenups are no longer considered unromantic or insulting ideas. In Australia, 60% of people in Australia are happy to sign the legally binding treaty before I say I am. 63% of divorce lawyers in the United States believe there has been an increase in marriage contracts since 2017.