Impact of ending contract of marriage on terms of the contract

Whereas, Divorce is one of the causes of separation between couples and it dissolves the contractual bond between them; and removes all its effects, and discharge each party from implementing the conditions of the marriage contract and return to the state they were in before the marriage contract, except in respect of alimony and custody of children, so that all the effects arranged by marriage contract wiped out, including the necessary conditions for the enforcement of contracts and the Consensual Conditions required by a party.

Whereas, separation between couples its effects afflicted third party, so that all the rights and obligations arise between the parties to the contract forfeits against him, based on the existence of the marital relationship, and replaced by a new rights and obligations as an effect of dissolution.

Whereas, Family Law has dealt with the provisions of custody in Chapter VI, which is entitled (effects of separation between spouses), which indicates the direction of the legislator's explicit intention not to subject custody provisions to the marriage contract, and considered as it can be examined upon occurring disagreement or separation between couple.

Moreover, the conditions agreed upon in the contract of marriage are deemed to be necessary conditions that arisen during concluding the contract and shall remain enforce as long as the contract continues, and the consequences of breaching thereof the right to terminate the contract, But it disappears with termination of the contract based upon the fundamentalist rule aforementioned which requires cessation of the cause, if the cause disappeared, according to the jurisprudential rule, what is obligatory by a reason, ends by its abatement.