In a 1990 California case, the Court of Appeal imposed an oral marriage in the estate of one of the parties because the surviving spouse had significantly changed his position according to the verbal agreement.  However, as a result of amendments to the act, it has become much more difficult to change the character of community or distinct property without written agreement.  Moreover, in cases involving international couples, certain decisions show that French judges are not opposed to foreign marriage agreements, as shown for example by a 2010 judgment of the Grasse court. Here, the judge confirmed an English prenup in which the parties had agreed that in the event of a breakdown of the marriage, each spouse would retain his property, that he would receive 50,000.00 (indexed) for each year of marriage (until the filing of a divorce application) and that this amount would cover any financial rights or recourse of any kind. At the time of the marriage, he also bought her an apartment in his name on the Cote d`Azur, then worth about 300,000.00. In the United States, marriage agreements are recognized in all 50 states and the District of Columbia. Similarly, in most jurisdictions, certain elements are necessary for a valid marriage agreement: even in states that have not adopted upAA/UPMAA, such as New York, properly executed marriage contracts give the same presumption of legality as any other contract.  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.  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.  The marriage agreement may be challenged if it is proven that the contract was signed under duress.  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.  When creating a prenup, there are two objectives to be achieved: a fair trial and a fair trial.