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Prenuptial agreements are designed to provide clarity, prevent conflict, and protect both parties in the event of divorce. But sometimes, despite best efforts, a prenup is contested in court. When that happens, enforcement isn’t automatic, and not all agreements hold up. This blog discusses factors courts consider when deciding whether an agreement is enforceable.
Are Prenups Always Enforced in New York?
No. While courts in New York generally respect valid prenuptial agreements, they will not enforce a prenup that is found to be fundamentally unfair, improperly executed, or created under questionable circumstances.
Common reasons a prenup may be invalidated include:
- Improper execution (e.g., not notarized)
- Lack of full financial disclosure
- Duress or coercion at signing
- Unconscionable terms
- Fraud or misrepresentation
- Waiver of rights without proper legal advice
Signing Under Pressure: Was There Duress?
One of the most common challenges to a prenup is the claim that it was signed under duress, meaning one party felt pressured or threatened to sign the agreement.
This often comes up when:
- The prenup is presented just days before the wedding
- One party threatens to call off the marriage unless the agreement is signed
- There’s an imbalance in negotiating power (e.g., one party controls the finances and the other does not)
While not every last-minute prenup is invalid, timing matters. The closer to the wedding date a prenup is signed, the more likely a court will examine the circumstances carefully. The safest course? Prepare the prenup well in advance, ideally several months before the wedding.
Full Financial Disclosure Is Essential
For a prenuptial agreement to be fair and enforceable, both parties must have a clear understanding of each other’s financial situation. That means disclosing:
- Income
- Assets (real estate, investments, savings)
- Debts and liabilities
- Business interests
If one party hides or omits significant information, the agreement may be set aside. Courts may find that the agreement was based on fraud or misrepresentation, especially if the omitted facts would have affected the other party’s decision to sign.
Unconscionability: Is the Agreement Shockingly One-Sided?
New York courts won’t invalidate a prenup just because it favors one spouse. However, if the terms are so lopsided that they would “shock the conscience” of the court, the agreement—or certain provisions—may be struck down.
For example:
- A clause that leaves one spouse entirely destitute after a long marriage
- A waiver of spousal support by a stay-at-home parent with no income
- An arrangement that heavily benefits one spouse while ignoring the other’s contributions
The court will consider the agreement’s fairness both at the time of signing and at the time of enforcement. If the circumstances have changed drastically, the court may reconsider whether the original terms are still reasonable.
Was the Agreement Properly Executed?
Even if the prenup is fair and negotiated in good faith, it still needs to follow New York’s strict execution requirements.
To be enforceable, a prenuptial agreement must be:
- In writing
- Signed by both parties
- Acknowledged before a notary (in the same manner as a deed)
Failure to notarize the agreement can make it unenforceable. This is one of the most avoidable but most common mistakes.
Independent Legal Advice Matters
While not strictly required under New York law, each party should have their own attorney to increase the likelihood of enforcement. Doing so helps show that both individuals:
- Understood the agreement
- Had a chance to negotiate or suggest changes
- Weren’t misled or rushed into signing
Courts are far more likely to uphold an agreement when each person had the opportunity to consult with their own attorney.
How We Help When a Prenup Is Contested
Whether you’re trying to enforce a prenuptial agreement or challenge its validity, turn to Aiello & Difalco. We have extensive experience drafting and litigating prenups, know how courts interpret these agreements, and what documentation matters. Trust our team to present a strong case that protects your rights. Contact us online for a confidential consultation.