As matrimonial lawyers, we periodically have clients in divorce actions who entered into a prenuptial agreement without taking the document seriously thinking their marriage would never end. Recognizing the significance of the rights they signed away, the client now wants to set aside the agreement so that the default rules concerning spousal support and equitable distribution, among other things, apply. While prenups can be challenged under New York law, practitioners can face significant hurdles establishing a strong case in court.

Historically, prenups were routinely enforced based on New York’s long-standing strong public policy favoring individuals deciding their own interests through contractual arrangements (Matter of Greiff, 92 N.Y.2d 341, 344 (1998). Thus, a duly executed prenup is presumed valid and controlling unless the party challenging it demonstrates that it resulted from fraud, duress or other inequitable conduct. See Christian v. Christian, 42 N.Y.2d 63, 72 (1977). To be sure, something must be profoundly wrong with the prenup for a court to set it aside.

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