In the past, couples have entered into pre-marriage agreements with some uncertainty as to their validity. Today, the presumed validity and applicability of such agreements is no longer at issue in states that have adopted UPAA/UPMAA, including Florida, Virginia, New Jersey and California.  In drafting an agreement, it is important to recognize that there are two types of state laws that govern divorce – a fair distribution, practised by 41 states, and common ownership practiced in certain variants of 9 states. An agreement written in a state of Community property cannot be intended to govern what happens in a fair distribution state and vice versa. It may be necessary to retain lawyers in both states to cover the eventual case where the parties may be living in a state other than the one in which they were married. Often, people have more than one house in different states or they move a lot because of their work, so it is important to take this into account when developing. In the United States, marital agreements are recognized in the 50 states and the District of Columbia, and are enforceable if prepared in accordance with state and state requirements. It has been reported that the demand for marriage contracts in the United States has increased in recent years, especially for millennial couples.     In a 2016 survey conducted by the American Academy of Matrimonial Lawyers (AAML), member lawyers reported that the total number of clients seeking premarital marriage arrangements has increased in recent years, particularly with the Millennial generation, with the greatest interest in protecting capital gains in the case of separate ownership, inheritance and shared ownership.  In England and Wales, the pretensive agreements were not considered legally enforceable, as justice was not dismissed on public policy grounds.
Unlike all other contract laws, no consideration is necessary, although a minority of courts denounce marriage itself in return.
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