The reasons for entering into these agreements are different, although wealthier spouses are generally the originators of marital agreements for the protection of property. In addition, older couples may wish for such an agreement because they may have an estate or pension income to preserve and protect them, and perhaps they want children from previous marriages to receive a portion of their estate. In the past, in England and Wales, marital agreements had not been considered legally applicable in England and Wales for public policy reasons. Even in countries that have not adopted UPAA/UPMAA such as New York, properly executed marriage contracts have the same presumption of legality as any other treaty. [32] It is not necessary for a couple who signs a marriage pact to keep separate lawyers to represent him as long as each party understands the agreement and signs it voluntarily with the intention of being bound by its terms. There is a strong public policy that favours parties that control and decide their own interests through contracts. [33] There are no state or federal laws requiring adults with contractual capacity to hire a lawyer in order to enter into a marriage contract such as a marriage contract, with the exception of a California law that requires the parties to be represented by a lawyer if spousal assistance (support) is limited by the agreement. [34] The marriage agreement may be challenged if it is proven that the contract was signed under duress. [35] Whether a pre-marriage contract was signed under duress must be justified by the facts and circumstances of this case. For example, it was found that a spouse`s assertion that she believed there would be no marriage if it was not a marriage, where the marriage was only two weeks away and marriage plans had been made, was not sufficient to demonstrate coercion. [36] “There is an understanding of marriage as a legal status,” she said.

“Marriage is a legal act with legal consequences if the marriage ends in divorce. Millennials have a better understanding of these consequences and take appropriate steps to create a mutually beneficial marriage agreement. While the carnival of the week is that Justin Bieber and Hailey Baldwin secretly married earlier this week, the even more important news is that they may not have signed a marriage contract.