As legal contracts, it is thought that prenupes would be carved into stone, but in exceptional cases, they can be broken to divorce. In practice, projects can violate canon law in many ways. For example, they cannot subject a marriage to a condition of the future. The code of canon law provides that “a marriage on a condition for the future cannot be concluded with validity.” (CIC 1102) Unlike all other contract laws, no consideration is necessary, although a minority of courts denounce marriage itself in return. Through a prenup, a spouse can completely waive property rights, support or inheritance, as well as the voting share, and can get nothing for it. The choice of legal provisions is crucial in the prenups. Contracting parties may decide 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 legal choice clause, it is the law of the place where the parties divorce, not the law of the state in which they were married, that decides matters of ownership and support. With respect to financial issues related to divorce, marital agreements are regularly maintained and enforced by courts in virtually all states. There are circumstances in which the courts have refused to apply certain parts/provisions of these agreements. In North Dakota.B, divorce courts retain the jurisdiction to amend a limitation on the right to apply for spousal support or assistance in a pre-marital contract if this would result in the spouse who waived that right in need of public assistance at the time of the divorce.

[45] Florida and several other states have similar restrictions to prevent an outgoing spouse from becoming a community of the state after divorce under a marital agreement. [46] In addition, in Florida, the Pre-Trial Contracts Act, where inheritance (electoral quota) and thought rights granted to surviving spouses under state law are so strong that a waiver of the rights of the surviving spouse, enshrined in a matrimonial agreement, is enforceable with the same formality as the will (notarially and notably).