As it applied to divorce, courts will not enforce unfair or oppressive agreements between spouses. As a general rule, two parties may contract anything legal, but courts will not agree to one-sided agreements, particularly those that put at risk the best children involved. For example, a sole custody.

Unlike other areas of law, divorce law recognizes fairness and reasonableness. A marital settlement that is single people.

In a divorce, a lawyer who promises to take the other spouse to the cleaners is someone to avoid.

A divorce settlement that leaves one party impoverished and destitute is not fair and reasonable.

See also Fair and Reasonable.