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Module 3_DQ3

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Q When two people marry, they usually promise to love, honor and remain faithful. While a breach of this promise is actionable (divorce actions), if the parties reconcile and "promise not to do it again", is this new promise supported by adequate consideration?

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In determining the legitimacy of a prenuptial agreement, the general consideration over a contract is marriage itself. Judicially, marriage conveys the gift of being able to share in the other’s spouse estate in particularly in case of death or dissolution. Therefore, the question of what constitutes ample consideration always become muddied when couples develop the intention to enter into a post nuptial agreement because the marriage seems to have already taken place and the past consideration herein cannot really support the current promise ("Post-nuptial Agreements: What is your consideration? | Breeding Henry Baysan", 2019).