How do the courts determine fairness? To start with, they would likely question prenups that appear lopsided, says Arlene Dubin, a divorce lawyer in New York and author of the book "Prenups for Lovers." If one spouse earns or owns a lot less than the other, and in the prenup waives the lesser-earner's rights to spousal support, for example, the document may be considered unfair.

My gods!