A POSTNUPTIAL AGREEMENT MAY BE INVALIDATED IF IT IS UNFAIR TO ONE PARTY TO THE AGREEMENT
H. Michael Stern, Esq., a New York matrimonial and family law attorney and mediator with over 31 years of experience suggests that New York residents who want to enter into a post nuptial agreement must take into account whether the agreement is fair to each party on the face of the agreement.
In a recent case determined by the Appellate Division, 2nd Judicial Department in New York, the Appellate Court determined that a hearing was required to determine whether a postnuptial agreement would be invalidated where the wife received no benefit from the agreement and gave up her rights to: all assets of the marriage; her inheritance rights: and, the right to support from her husband.
If a Court determines that a postnuptial agreement appears to be so one-sided and unfair that no rational person exercising common sense would make it, and no fair and honest person would accept it, a hearing will be held to determine whether the agreement should be invalidated. At the hearing the Court will review the post nuptial agreement in its entirety and look at all of the circumstances involved including the in its negotiation, preparation and execution, embracing the concept of “the totality of the circumstances.”
I am frequently asked how much a postnuptial agreement will cost. Oftentimes, there is incredulity expressed by the inquiring party when I advise that the other spouse must be represented and the negotiations must be undertaken in a way that ensures fairness in the outcome.
The process of formalizing a postnuptial agreement should be viewed from a lens that would hold the agreement up to judicial scrutiny if challenged.
I try my best to insure that any postnuptial agreement that I am involved in as the draftsman or reviewer upholds the standards required to survive judicial scrutiny.
No separation, prenuptial or postnuptial agreement that I have ever drafted has been set aside by a Court.
Focusing on the needs of the client and the results sought have always been a hallmark of my Nassau County, Long Island practice over the past 31 years.
Feel free to contact me, H. Michael Stern, Esq., divorce and family law attorney, if you are interested in discussing your matrimonial, divorce or family law matter at 516-747-2290.
My office is conveniently located adjacent to the Roosevelt Field Mall ring road at 666 Old Country Road in Garden City, New York 11530.
Written by, H. Michael Stern, Family & Divorce Lawyer