When a Prenuptial Agreement Is Challenged in New York Divorce Court

While prenuptial agreements are enforceable contracts, in New York, they are not immune from being challenged. In general, courts will enforce prenups even if one party is severely disadvantaged by the outcome. But they must be prepared properly and with full financial disclosure. The slightest issue and the prenup could be tossed. In this article, the Westchester County family law attorneys at the Law Office of Robert S. Sunshine will discuss a case in which one party contested a prenuptial agreement that they had signed earlier. For those relying on prenups, this case offers an important reminder that disclosure matters.

Background of the case

In the aforementioned case, the parties signed a prenuptial agreement before they were married that significantly limited the wife’s financial rights should the couple divorce. Under this agreement, each party waived their claims to the other’s income, assets, and future earnings. In addition, the agreement left the wife with no entitlement to marital assets or alimony.

Several years later, the marriage broke down, and the couple filed a petition for the dissolution of their marriage. The husband sought to enforce the prenuptial agreement that his wife had signed prior to the marriage. However, the wife challenged the agreement. She argued that it was “unconscionable” and that enforcing it would leave her without any financial resources, while the husband retained all of his assets.

The dispute centered on whether the prenup was properly signed and if enforcing it would be fundamentally unfair. 

The appeal

In this case, the trial court refused to enforce the prenuptial agreement. According to the court, the wife had raised serious questions about the conscionability of the agreement. On the husband’s end, he disagreed with the decision and appealed it to the higher court. He argued that absent fraud, coercion, or duress, the prenuptial agreement must be upheld.

The appeals court disagreed. They found that the prenup was patently unconscionable and should not be enforced.

Generally speaking, prenuptial agreements are enforceable even if they disadvantage one party. However, they cannot rise to the standard of “unconscionability.” In this case, the wife successfully proved that the prenup was so unfair that it was void under New York’s laws. The appeals court, therefore, refused to enforce it.

Talk to a Westchester County, NY, Family Law Attorney Today

The Law Office of Robert S. Sunshine represents the interests of couples who want to draft a prenuptial agreement before their marriage. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.