Prenuptial agreements can be advantageous for both spouses. However, they can be challenged in court if they are unfair or were created improperly. New York courts will examine the fairness of the document in accordance with traditional contract laws to ensure that the document is reasonable for both parties. If you need skilled representation or more information about prenuptial agreements, it’s in your best interest to contact a determined Nassau County Prenuptial Agreement Lawyer. Please continue reading as we explore the grounds on which you can challenge a prenuptial agreement in New York.
What Is a Prenuptial Agreement?
A prenuptial agreement, commonly referred to as a prenup, is a legally binding contract that a couple signs before they are married that details what will happen to their property in the event of a divorce, separation, or death. Essentially, it’s used to outline financial expectations and protect their individual interests. Additionally, a prenup can help determine how joint debts will be handled and whether spousal support will apply.
What a Prenuptial Agreement Cannot Do
Though a prenuptial agreement has many benefits for those going through a divorce, it’s important to understand that there are limitations. As such, you are unable to address the following in your agreement:
- Child custody
- Child support
- Parenting time
- Visitation
These matters are decided at the time of the divorce, as the court must ensure that the child’s best interest is reflected. As such, attempting to include these terms in a prenup renders them unenforceable.
Can You Challenge a Prenup in New York?
Although the creation of these legal documents necessitates strict adherence to certain requirements, a prenup is not automatically enforceable. Like any other legal contract, there are strict standards that must be met for the court to uphold the document. As such, there are circumstances that can lead to these documents being challenged in court if the court finds that the requirements were not met.
Grounds to Challenge a Nassau County Prenuptial Agreement
It’s important to understand that you cannot challenge a prenuptial agreement simply because you no longer agree with the terms and conditions of the document. You must have a legal ground on which you believe the document to be invalid.
Coercion or Duress
A prenuptial agreement is not enforceable in New York if:
- A spouse was forced to sign
- A spouse threatened the other spouse into signing
- A spouse was not given adequate time to review the agreement
- A spouse was pressured into signing right before the wedding
Lack Of Legal Formalities
In New York, a prenup must be in writing, signed, and notarized, and meet other legal requirements to hold up in court. If these formalities are not met, the agreement can be challenged.
Unconscionability
If a prenuptial agreement is grossly unfair, meaning it’s one-sided, leaving one party significantly disadvantaged, it may be deemed unenforceable. Examples include:
- Eliminating all property rights without disclosure
- Imposing terms that create extreme financial hardship for one spouse
- Leaving one spouse destitute
It’s important to understand that the court will examine the document’s fairness at two different points – at the time of signing as well as at the time of enforcement.
When examining fairness at the time of signing, the court will consider if both parties entered the agreement voluntarily, without pressure, and with full disclosure. When examining the fairness at the time of enforcement, the court will consider if the agreement would be unreasonable based on the couple’s circumstances at the time of enforcement.
Lack Of Full Disclosure
A prenup can also be challenged if one party was not fully informed about the other party’s assets and liabilities. Both parties are required to fully disclose their assets and debts to ensure fairness. As such, the court may render the agreement invalid if one spouse:
- Hid assets
- Underreported income
- Concealed business interests
- Did not disclose debts
- Manipulated the value of major assets
Illegal Terms or Violations of Public Policy
As mentioned, the inclusion of terms related to child custody, child support, parenting time, or visitation is not enforceable. As such, the court may invalidate all or part of the agreement if these conditions are included.
Other illegal terms include:
- Penalizing a spouse for filing for divorce
- Waiving rights in relation to domestic violence
- Agreements that try to prevent future legal action
If illegal terms are included, the court may strike those terms from the agreement or potentially invalidate the entire contract.
When Courts Are More Likely to Invalidate a Prenuptial Agreement?
Under certain circumstances, the court may be more likely to invalidate a prenuptial agreement. This may occur when:
- One spouse was not represented by an attorney when signing
- The prenup was signed very close to the wedding date
- Assets were hidden or undervalued
- One spouse had significantly more bargaining power
- The terms leave one spouse in financial hardship
- The agreement was rushed or poorly explained
What Happens if a Prenuptial Agreement Is Invalid?
In the event a prenuptial agreement is rendered invalid by the court, standard divorce procedure in accordance with New York law will commence. This includes the equitable division of marital property and adherence to the New York spousal support guidelines.
Do I Need a Lawyer?
If you entered into a prenuptial agreement and now wish to contest its terms and conditions, it’s crucial to seek the counsel of an experienced attorney specializing in family law. Many people underestimate the complexity and potential consequences of challenging a prenup. They may attempt to navigate the legal process on their own or delay seeking professional assistance, which can lead to unfavorable outcomes in their divorce proceedings.
A seasoned Nassau County prenuptial agreement lawyer can thoroughly review the terms of your prenup, assess the circumstances surrounding its execution, and advise you on the most effective strategies to challenge its validity. They can represent your interests in court and negotiate on your behalf to ensure that your rights are protected.
Contact Our Dedicated Garden City Divorce Firm Today
If you believe that a prenuptial agreement you signed years ago is invalid or you want to ensure that the document you and your spouse establish before marriage is legally binding, working with an experienced attorney is in your best interest. At the Law Offices of Eyal Talassazan, P.C., we are prepared to help you explore your legal options and fight for the best possible outcome. Connect with our firm today to discuss your case.
