Some examples: in general, two parties can agree on anything that is not contrary to a law or that opposes public order (interest). For example, contractual encouragement of divorce would be contrary to public policy and would invalidate the agreement. A marriage contract has several restrictions; Some are unique for marriage contracts: in most states, marriage contracts were considered contrary to public policy until the 1980s and invalid insofar as they related to divorce or separation. They were considered contrary to public order because they were believed to encourage divorce and allow the husband to thwart his legal obligation to support his wife. Prior to that date, they were valid in so far as they related to the death of a spouse. A marriage contract is a contract that two parties enter into when considering a marriage. It can also be called “pre-marital agreement”, “matrimonial agreement” or simply “prenup”; in Canada, it is called a “marriage contract.” (For more information, see “Canadian Marriage Contracts” at the end of this page.) Taking these factors into account should make the distribution equitable, but not necessarily equal. For example, judges in some of these states may require a spouse to use their separated property so that a comparison is fair for both spouses. According to the common law, if a member of a couple acquires the property during marriage, then the property belongs to that person. The only time this is not the case is when the property is mentioned under the names of both spouses. .