Ironclad or Ignored? How New York Courts Decide Whether to Enforce a Prenuptial Agreement

You signed a prenuptial agreement years ago, back when the wedding invitations were still being addressed. Now, with divorce on the horizon, you are wondering whether that document actually holds up. It is a fair question, and one that catches a lot of people off guard. Just because both spouses signed a prenup does not automatically mean a New York court will enforce every word of it. Our Suffolk County prenuptial agreement attorneys regularly review agreements that were drafted with good intentions but fall short of what the law actually requires.

The Basic Legal Requirements

New York does not treat prenuptial agreements casually. Under Domestic Relations Law Section 236(B)(3), a prenuptial agreement must be in writing, signed by both parties, and acknowledged in the same formal manner required to record a deed. Skip that acknowledgment step, and the agreement can be vulnerable from the very start, regardless of how fair its terms might be.

Assuming the paperwork is in order, courts start from a strong presumption that the agreement is valid. New York generally respects the idea that two adults can privately negotiate their own financial arrangements before marriage. But that presumption can be challenged.

What Can Unravel an Agreement

A spouse who wants to invalidate a prenuptial agreement typically has to prove one of a few things: fraud, duress, overreaching, or unconscionability. These are not easy arguments to win. Courts do not throw out an agreement simply because one spouse now regrets the terms or because the marriage did not turn out how either party expected.

That said, certain patterns raise red flags.

• Did one spouse hide significant assets before the agreement was signed?
• Was one party pressured into signing days before the wedding, with no real opportunity to review the terms or consult an attorney?
• Was the agreement so lopsided at the time it was made, or has it become so one-sided by the time of enforcement, that upholding it would shock the conscience?

Maintenance provisions in particular must be fair and reasonable when made and not unconscionable at the time the divorce is finalized, which means an agreement that looked reasonable at signing can still face scrutiny years later.

Disclosure and Counsel Are Not Legally Required, But They Matter

New York law does not technically require full financial disclosure or independent attorneys for each spouse before signing a prenup. However, agreements signed without either safeguard are far more likely to face a successful challenge. If a spouse can show they had no real understanding of what they were giving up, that argument becomes much easier to make.

Protect What You Are Building

Whether you are drafting a prenuptial agreement before your wedding or trying to determine whether an existing one will hold up in your divorce, the details matter enormously. At Hillen Druek, PLLC, we help clients draft agreements built to withstand a challenge, and we help clients on the other side evaluate whether an existing agreement is actually enforceable. Contact Hillen Druek, PLLC to discuss your situation and find out where you stand.

Source:

nysenate.gov/legislation/laws/DOM/236