Encourage" divorce. At one time, many courts viewed any prenuptial agreements specifying how things would be divided up in case the couple splits as void and unenforceable because it “promoted divorce”. This view of prenuptial agreements has now been abandoned in every State in the U.S. and most countries that allow prenuptial agreements. While the modern day approach allows such agreements, many judges still take a hard look at them and will, in some cases, seek to find ways to ignore or amend provisions that they personally find too onerous.