Many people with significant wealth opt to enter into prenuptial agreements prior to getting married in an effort to protect their assets in the event of a divorce. While the courts generally favor upholding prenuptial agreements, in some circumstances, they will be deemed unenforceable and therefore void. In a recent opinion, a New York court discussed the grounds for finding a prenuptial agreement to be unconscionable in a divorce case in which the wife sought to have an agreement set aside and vacated. If you or your future spouse wish to enter into a prenuptial agreement prior to marrying, it is important to speak to an experienced New York family law attorney regarding your options.
The Parties Prenuptial Agreement
It is reported that the parties entered into a prenuptial agreement in 2003, prior to getting married. The agreement contained provisions regarding separate property, child support, child custody, and estate and maintenance waivers. The husband paid for an attorney to represent the wife with regards to the agreement, but she did not choose the attorney and never met him prior to signing the agreement. Additionally, the attorney did not advise her of the financial implications of the agreement.
Allegedly, in 2019, the wife filed for divorce. During the proceedings, she filed a motion to have the agreement set aside as unconscionable and vacated. In response, the husband filed a motion for summary judgment on the issue of whether the agreement was valid and enforceable. The court ultimately determined that an issue of fact that necessitated a hearing existed on the issue of the validity of the agreement. Continue reading