Because prenuptial agreements have become popular, the law on such has also turned more lenient. Usually the judges would give a particular keen eye on the provisions contained in the prenup agreement. This is to ensure that no spouse gets any oppressive stipulation against him or her. Any limping provision in the agreement would usually foster breakups or divorce.
However, with more rights being upheld nowadays, the judiciary and legislatures have leaned more towards giving prenup agreement more validity and enforceability. Still, the fact remains that the law provides for certain requirements to clothe the contract with validity. So, the couples must still follow the formalities required by the prenup laws.