Grounds for invalidating a contract
Factors that contributed to this acceptance include the increase in divorce during the 1970s, and the implementation of so-called "no fault" divorces pursuant to which a married couple could get a divorce without the need for an accusation of misconduct against one or both spouses.
In the wake of those changes, postnuptial agreements began to find acceptance in American jurisprudence.
Implied Contracts Although contracts that are implied in fact and contracts implied in law are both called implied contracts, a true implied contract consists of obligations arising from a mutual agreement and intent to promise, which have not been expressed in words.
It is misleading to label as an implied contract one that is implied in law because a contract implied in law lacks the requisites of a true contract.
It may be "notarized" or acknowledged and may be the subject of the statute of frauds.Statutes prescribe and restrict the terms of a contract where the general public is affected.The terms of an insurance contract that protect a common carrier are controlled by statute in order to safeguard the public by guaranteeing that there will be financial resources available in the event of an accident.The reason for this is the legal theory that prior to marriage, neither spouse has any legal rights, so a spouse is not giving anything up by signing a prenuptial agreement.As with prenuptial agreements, a court has the discretion to reject the terms of a post-nuptial agreements, for example if the court finds that its terms are insufficient to meet the financial needs of partners and children. jurisprudence followed the notion that contracts, such as a postnuptial agreements, could not be valid when executed between a husband and wife.