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] Currently, 28 states and the District of Columbia have adopted a version of the Uniform Premarital Agreement Act (UPAA) or the Premartal Agreement Uniform Act (UPMAA). The UPAA was adopted in 1983 by the Uniform Law Commission (ULC) to promote greater uniformity and predictability between state laws with respect to these contracts in an increasingly temporary society. The UPAA was partially enacted to ensure that an effective prenup in one state is awarded by the courts of another state where the couple could obtain a divorce.

In 2012, UPMAA was created by the ULC to clarify and modernize inconsistent state laws and create a coherent approach for all marital and post-verse agreements. laws: laws vary between the two states and countries with respect to the content they may contain and the conditions and circumstances under which a marital agreement may be declared unenforceable, such as an agreement signed in connection with fraud, coercion or adequate disclosure of assets.