The thing is pre-nups aren't always enforcible. The major reason is that no one makes provisions for hitting the jackpot (either literally or founding a busines

The thing is pre-nups aren't always enforcible. The major reason is that no one makes provisions for hitting the jackpot (either literally or founding a business that makes you rich), or that if one person does the partner can contest it in court as an unforeseeable circumstance. This usually ends up falling under the 'unconscionable' clause in the law. Then there has to be full and/or fair disclosure (your spouse needs to know about that $50,000 you have put away). The other (possibly the easiest reason why prenups can fall apart) is that the agreement has to be entered upon voluntarily by both parties, so if your spouse only agreed to the pre-nup because you threatened a break up then the pre-nup is automatically void. The sad thing is that if pre-nups were made into law then they would never be enforceable, because everyone would have been forced into them under duress. How can you voluntarily sign an agreement when it could prevent you from being legally married.