Not exact matches
However, the case was appealed and while the appeal court ultimately decided that the separation
agreement was void as against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to public policy so that the doctrine does not «unduly impinge on the basic right to
enforce engagements freely and
voluntarily made.»
Proving that the other spouse thought the
agreement was fair when he or she signed it may be a hard task, so those spouses seeking to
enforce prenuptial
agreements typically will attempt to prove to the judge that the other spouse entered the
agreement voluntarily and had the opportunity to speak with an attorney.
But, there are situations, when the prenup will not be
enforced: for example, if one of the spouses did not sign the
agreement voluntarily.