Since these agreements are governed by state law, it is advisable to review (or at least review) the agreement after a move to another state. Coercion or coercion can be extremely difficult to prove and, as with many aspects of divorce legislation, different states have different standards for what it means to be included in an agreement. Nevertheless, it is not scandalous that a prenup should be thrown on this basis. Similarly, if you can prove that you do not have the mental capacity to understand prenup, if you signed it – for example, if you were sick or if you were under the influence of drugs – that may be a good reason to invalidate it. In another famous case, the court overturned a preliminary work between Steven Spielberg and his first wife, Amy Irving. The Prenup had been scribbled in haste, without the help or advice of a lawyer, in the back of a barerviette. When the couple divorced four years later, the court struck down the agreement. It was in California in 1989, and since the Prenup was invalid, Amy Irving received $100 million as her share of her common property, which was half of Spielberg`s fortune at the time. The first reason would be that your “agreement” is verbal. A marriage agreement must be made in writing. If you earn $US 250,000 a year and your next wife, who is a part-time waitress, tells you that she would never leave after the uniqueness of you if you divorce, unless that agreement is written, there is no possibility that a court would hold her to that statement. If you want it to be enforceable, it must be written. A marital agreement (more commonly referred to as “Prenup”) is a contract and, like any other contract, it must comply with state law or a court may consider it unenforceable.

And like any legal contract, it is preferable for each party to have its own lawyer. If experienced lawyers are not involved, these frequent errors can occur and render prenup worthless. 2. Not executed correctly: both parties must sign a pre-marriage contract before marriage in order for the contract to be considered valid. If you live in New York City, you may have seen the news last month that a Brooklyn court pulled out the marriage contract signed by a Long Island woman with her millionaire husband before her wedding in 1998. This is a precedent, and divorce lawyers sit nationally and take note. Will more of us try to reject pre-term agreements outside the courts? Long ago, a marriage contract was considered stodgy or even offensive, but today, “prenups” are becoming more common for wealthy couples.