As with many issues in divorce actions, courts generally encourage divorcing spouses to negotiate a mutually acceptable property settlement on their own. Many couples attempt to preemptively address the issue with a prenuptial agreement, or “prenup”. Although prenups have traditionally been used only by wealthy individuals as a way to preserve extensive assets, today they are increasingly being used by more moderate income couples as a way to potentially reduce the possibility of a nasty or complicated divorce. Those who do choose to involve a prenuptial agreement should be aware that courts view these agreements with scrutiny, and will not enforce an agreement that leads to blatantly unfair results based on fraud or coercion. Therefore, both parties to a prenup should always seek the advice of an attorney before entering into the agreement, in order to make sure that it is fair and enforceable.