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A choice of law clause should usually be drafted broadly. When creating a postnuptial, the spouses must ensure that no provision is unreasonable and unfair to one party.Not a prenuptial or premarital agreement, unless you plan to get married. This agreement is called a "prenuptial agreement," commonly referred to as a "prenup. Thus, in reality, couples usually do contract as to how to divide property…even those who reject the concept of a prenuptial agreement. A prenuptial agreement is a contract that two people enter before they get married.