New York courts have the authority to invalidate and set aside contracts that do not adhere to current legal standards, including prenuptial agreements. Prenuptial agreements are essentially marital contracts drafted by engaged couples who want protect their financial interests and avoid litigation if the marriage ends in divorce.
While prenuptial agreements were once uncommon, they have become a relatively popular tool used by couples in a variety of circumstances. Spouses who have signed prenuptial agreements generally assume that they can pursue a streamlined, uncontested divorce. However, if there is a dispute about the validity of a prenuptial agreement, then litigation to review the marital contract can significantly extend the legal complexity and overall timeline.
Some of the most common legal grounds for contesting a prenuptial agreement include the following:
- Unconscionable terms — An unconscionable agreement is a contract that is so unfair that it shocks the conscience. For a contract to be valid, each party must receive something of value.
- Signing under duress — Executing a prenuptial agreement must be a voluntary act. Credible claims of duress, possibly related to extreme financial hardship or medical issues that made access to a fiancé’s health insurance critical, could undermine the validity of the agreement.
- Signing without understanding the contents — Both parties need to understand the terms included in the document, which generally means they each need to have an attorney review it on their behalf.
- Signing without legal representation — A single attorney cannot properly prioritize the best interests of both spouses at the same time. Therefore, separate representation is important while negotiating terms or reviewing the language of a proposed prenuptial agreement.
- Illegal provisions in the document — If any provision in the contract is illegal, part or all of the prenup may ultimately be voided.
New York family courts generally try to empower divorcing couples by allowing them to set their own terms for marital agreements. Provided that the prenuptial agreement is valid and that neither spouse attempts to challenge the agreement in court, the terms previously set by the spouses can dictate how they divide their property, even if they diverge significantly from the state guidelines on property division and spousal maintenance.
If the courts invalidate a prenuptial agreement, however, then spouses may face a much lengthier, litigated divorce process. Having the right assistance while drafting or reviewing a prenuptial agreement can help individuals protect themselves when signing a contract that could have a profound impact on their financial future.
Bryan L. Salamone and Associates P.C. advises Long Island residents on the negotiation and enforcement of prenuptial agreements. Reach out today if you have a question on this subject or another family law concern by calling 631-388-6009 or contact us online.