Jim and Sue were going to be married and were very much in love. Before the wedding date, they went out for coffee and orally agreed to how the marital assets would be split if they divorced. Four years later they divorced. Jim attempted to enforce their oral prenuptial agreement. What will be the result?
A.It will be enforced as there is consideration.
B. It will not be enforced due to the statute of frauds.
C.It will not be enforced as it violates public policy.
D. It will be enforced as there was a meeting of the minds.
Prenupital agreement can only be enforced if it is in writing.
This is because Statute of Frauds mandate that prenupital agreement to be in writing to be enforceable.
So,
The oral prenupital agreement will not be enforced due to the statute of frauds.
Hence, the correct answer is the option (B).
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