You can even accept that your spouse receives the entire property and you will receive all the bills if you want to do so. But if the deal is so grossly unfair that one party would face serious financial hardship while the other prospered, it is unlikely that the court would impose it. In principle, „unscrupulous“ contracts are generally considered invalid and pre-marital agreements are no exception. 1. No written agreement: pre-marital agreements must be written to be enforceable. The Kansas Supreme Court in Johnson ruled that the deceased`s failure to make a new will was not a material or fundamental violation of the agreement. Since the widow could obtain the substantial benefit of her good business, there was no sufficient reason to cancel the entire agreement. .