Courts do not need to approve prenuptial or postnuptial agreements executed by spouses before or during the marriage. However, if spouses negotiate a marital agreement as part of a divorce, they can ask the court to incorporate the terms of their agreement into the divorce judgment. Spouses with a prenup or postnup can also request to include the terms of those agreements in a divorce judgment. Incorporating a marital agreement into your divorce judgment can make it easier to enforce the terms of the agreement. If your ex breaches the terms of a marital agreement incorporated into your divorce judgment, you can file a motion to enforce. However, if you don’t include your agreement in the judgment, you must file a new breach of contract lawsuit if your ex violates the agreement.