Prenuptial agreements must be both procedurally and substantially fair. A court will not enforce a prenuptial agreement, executed under fraud, duress or a mistake. The agreement should be executed as long as possible before the wedding takes place. Last minute prenuptial executions can be considered to have taken place under fraud, duress or undue … [Read more...]

In a case before Justice Jeffrey Goodstein sitting in a Supreme Court, Matrimonial Part in Nassau County, a wife brought a proceeding to set aside a pre-nuptial agreement the parties had entered into more than 10 years earlier. The husband brought a motion seeking to dismiss wife's claim to set aside the pre-nuptial agreement. The wife argued … [Read more...]

There can be a variety of reasons for individuals entering into a pre-nuptial agreement. However unless a pre-nuptial agreement is enforceable it’s not worth writing. If a divorce proceeding is initiated a claim can be made is to set aside the pre-nuptial agreement. The purpose of this blog article is to discuss a variety of issues that should … [Read more...]