Since about 1970, the courts have held that agreements that establish maintenance obligations, maintenance obligations and property rights in the event of divorce or separation are not contrary to public order as long as they are fair and make appropriate arrangements for each spouse, taking into account the needs and resources of each spouse. See z.B. Posner v. Posner, 233 so.2d 381 (fla. 1970); Osborne v. Osborne, 384 Mass. 591, 428 N.E.2d 810 (1981). The reason there is a written requirement for marriage contracts is the assumption that the parties, when they marry, will pay less attention or consideration to the marriage contract than in the case of ordinary contracts. However, as with other clauses of the fraud statute, a duly signed letter may make the oral marriage contract enforceable, even if it is executed after the oral agreement and after the marriage of the parties.
See z.B. Ayob v. Ayob, 74 Cal.App.2d 236, 168 p.2d 462 (1946). Although lawyers may be asked to design agreements that set expiration penalties for infidelity or prescribe garbage and when, the few cases that have occurred in the past have refused to impose sexual relations agreements between spouses (see, for example.B. Favrot v. .