IF A POST NUPTIAL AGREEMENT IS WRITTEN IN PLAIN LANGUAGE AND IS NOT UNCONSCIONABLE, THEN THE LACK OF COUNSEL WILL NOT JUSTIFY INVALIDATING THE AGREEMENT
Divorce Lawyer Nassau County NY
H. Michael Stern, Esq., a New York matrimonial and family law attorney and mediator with over 35 years’ experience suggests that if a Postnuptial Agreement is fair on its face and is not unconscionable, the decision of a party to be self-represented, waiving counsel will not, standing alone, be a sufficient reason for the Court to invalidate the Prenuptial Agreement.
In the Postnuptial Agreement, the Husband had waived counsel and elected to be self-represented. The Court examined the Prenuptial Agreement and determined that it was written in plain language. It determined that there was no overreaching, fraud, duress or misconduct by the Wife. It held that the Husband’s decision to waive counsel will not automatically invalidate the Postnup Agreement even though the agreement may be slightly skewed in the Wife’s favor.
It is my opinion that all agreements must be drafted with fairness to both sides in mind.
As an unconscionable agreement (e.g., one which shocks the conscience of the Court) will always be set aside. However, a fairly drafted agreement, even if it is not entirely balanced in its result, will routinely survive judicial scrutiny.
A considerable part of my practice is devoted to the drafting of prenuptial and postnuptial agreements. To my knowledge, all of the agreements that I have drafted remain fully enforceable and effective.
Focusing on the needs of the client and the results sought have been a hallmark of my Long Island practice over the past 35 years.
Feel free to contact me, H. Michael Stern, Esq. a Long Island divorce and family law attorney, if you are interested in discussing your prenuptial agreement or post-nuptial agreement needs, divorce, support, custody or family law matter by phone at
I am conducting telephone consultations and in person consultations, by appointment. My office is conveniently located adjacent to the Roosevelt Field Mall Ring Road at 666 Old Country Road, Suite 555, in Garden City, New York.
Written by, H. Michael Stern, Divorce & Family Lawyer Long Island NY