Generally correctly drafted and executed prenuptial agreements do hold up in New York Courts. However, there are ways to attack a prenuptial agreement in order to keep it from being enforced. The avenue to do so is typically at early stage motion practice and negotiation of a resolution of the case. Which is why it is important to hire an experienced matrimonial attorney like Diana Arnone Esq. of Diana Mohyi Attorney at Law, PC.
The case law may differ between counties on certain issues such as statute of limitation arguments. However, the case law overall shows that regardless, the courts have at least entertained counsel’s arguments on why a prenuptial agreement should not be enforced. Usually there are usually multiple issues with a prenuptial agreement’s execution that cause the agreement to be on shaky ground. Here are some examples of points of attack of a prenuptial agreement:
Will the less monied party be at risk of becoming a ward of the State? Regardless of what a prenuptial agreement says, public policy is that the lesser monied spouse should not become a ward of the state as a result of enforcement of the prenuptial agreement. This is even more of a concern where there are children involved but that is not absolutely required. Public Policy of New York is that it will be the monied spouse that forks up money to support the spouse rather than the public through the welfare system.
Was the prenuptial agreement executed in a proper way? Is there evidence of unconscionability, or fraud, duress, overreaching, or other inequitable conduct? For example was the less monied spouse living with the more monied spouse at the time of execution and financially reliant? Did both spouses disclose their finances to the other party?
Does the prenuptial agreement have the necessary provisions? Does the prenuptial agreement have the proper signature block? Counties may vary in whether the failure to have the required signature block kills the prenuptial agreement or whether there were ways in which the execution was performed that saves the agreement from this attack point.
If you are interested in learning more about whether your prenuptial agreement is vulnerable to legal attack contact Diana Mohyi Attorney at Law (Diana Arnone Esq.) to schedule a consultation.
Diana Arnone Esq. 