Unlike all other contractual laws, no quid pro quo is required, although a minority of courts draw attention to the marriage itself in return. Through a prenup, a spouse can completely renounce property rights, maintenance obligations or inheritance, as well as the share of choice and cannot obtain anything in his favor. The choice of law is essential in prenups. The parties may choose that the law of the State in which they are married governs both the interpretation of the agreement and the distribution of property at the time of divorce. In the absence of a legal choice clause, the law of the place where the parties divorce does not determine the law of the State in which they were married. The 2014 Report of the Commission on Marital Wealth generally accepted radmacher`s decision and recommended the creation by Parliament of a “qualifying marriage agreement” that would create a fully binding marriage agreement as long as certain conditions are met. The Commission`s recommendations have yet to be implemented. With respect to financial matters related to divorce, marriage contracts are maintained and enforced on a routine basis by the courts in virtually every state. There are circumstances in which the courts have refused to enforce certain parts/provisions of these agreements. For example, in North Dakota, divorce courts retain jurisdiction to change a limitation on the right to maintenance or assistance from a spouse in a pre-marital agreement if this would result in the spouse who waived that right needing public assistance at the time of the divorce.  Florida and several other states have similar restrictions to prevent an outgoing spouse from becoming a ward of the state after a divorce under a marriage contract.
 In addition, the Premarital Agreement Act in Florida, where the share of estate (share of choice) and farm rights granted to surviving spouses under state law are strong enough that a waiver of the surviving spouse`s rights set out in a marriage contract is enforced with the same formality as an enforceable will (notarized and testified by two non-interested parties). When a U.S. citizen decides to marry an immigrant, that person often serves as a visa sponsor to apply to enter or stay in the United States. The Department of Homeland Security requires that people who sponsor their immigrant fiancé come to the United States on a visa to make an affidavit of support, and it is important to consider the affidavit of support to a U.S. sponsor about to reject a marriage contract. The Affidavit of Support creates a 10-year contract between the U.S. government and the sponsor that commits the sponsor to financially support the immigrant fiancé from the sponsor`s own resources.  As explicitly stated on Form I-864, the divorce does not terminate the support obligations owed by the U.S. government sponsor and the spouse with an immigrant background has rights as a third party beneficiary of the sponsor`s promise of support in the I-864 affidavit. . .