Peer disagreement and counter-examples.
May 4, 2021 2. They lack consideration. Contracts are binding when each person to the contract gives something and gets something. Think of it. You pay a store for a pair of shoes. You get the shoes. This is called consideration, which is the basis of contract law. In a prenuptial agreement, the consideration is often lacking. The less-moneyed spouse generally gives away most of her marital rights as provided by law to the moneyed spouse. The right to marry the other (although stated as consideration in the prenup) is mutual. They are both marrying so that part of it is equal. The less-mone...