An ante-nuptial marriage settlement is valid except where one party thereto has obtained an unfair advantage of the other through fraud or undue influence, or where the settlement is in fraud of third parties, and both parties to the contract are aware of such fraud on third parties. In general, the marriage is considered a good consideration for all property transferred from one party to the marriage contract to the other. A post-nuptial settlement upon wife by husband is good unless fraudulent as to creditors. The presumption of the law is that a post-nuptial settlement is fraudulent as to creditors.

13 Vol. 6, Sub. 17. 14 Vol. 6 Sub. 17.

15 Vol. 6, Sub. 17.

16 Harris vs. Wallner, 80 111., 197.

An ante-nuptial marriage settlement is a contract made in consideration of marriage, and therefore must be in writing to be enforceable. This defense to such a contract, however, being a personal one,17 the husband may carry out the contract if he so desires, even if the result will be a defrauding of his creditors, unless the wife was a party to such fraud.