Some jurisdictions require independent counsel for certain terms such as spousal-support waivers. Courts may not honor prenups in cases where one party to the agreement lacked a lawyer, had limited English proficiency or was presented with an agreement too close to the wedding, and the agreement must pass the state’s fairness and procedure tests when it is enforced.Enforceability of a prenup also depends on timing, required disclosures and the parties’ understanding of the terms.During a marriage, income ma ...