Many lawyers advise prenuptial agreements in the case of second (or third) marriages between older people who have foundation. Some men go into marriages in their sunset years looking for a younger woman who will take care of them.

Even with these agreements, couples some inadvertently taint their commingling them. For example, with or without a prenuptial agreement, a couple who put his money in their account make that money their money.

In general such agreements must be "fair and reasonable" when entered and when enforced. The longer a marriage has lasted, the harder they are to enforce. And even with a prenuptial agreement, a agreement in favor of his or her adult children.

Sometimes prenuptial agreements are an adjunct to trusts to minimize estate (federal) taxes.

Although more frequent than before, prenuptial agreements are much less common in first marriages because these involve younger people who usually have smaller assets (and, in all honesty, more hope than experience).

As a rule, the agreement to be valid.

Some legal observers believe that prenuptial agreements will become more common because they can be an excellent way to make more a divorce more fair "since the parties know their own situation and needs far better than any court."

At least 25 states and the District of Columbia have adopted the Uniform Premarital Agreement Act (UPAA), which defines the terms and conditions of such agreements. UPAA provides that premarital agreements must meet the requirements of procedural fairness, fair financial disclosure and proper legal advice.

While there is no such animal as a ironclad prenuptial agreement, lawyers agree that certain steps can be taken to minimize disputes after a prenuptial action inconsistent with the prenuptial agreement."