Can a Prenuptial Agreement be Contested in New York?

When spouses go through a divorce, they are also subject to the division of their assets. This can often prove to be a difficult process, which is why many couples take measures to prepare for this situation. This can be done by signing a prenuptial agreement. However, this document can sometimes cause its own problems. That is why it is important to retain the services of an experienced New York divorce attorney when dealing with these matters.

What is a Prenuptial Agreement?

A prenuptial agreement is essentially a contract between two people before they enter a marriage. It describes how the couple’s assets and debts should be divided if they choose to divorce in their future. In addition to this, the document can include any terms regarding alimony or other marital issues they may face. When a prenuptial agreement is signed into law, it is important for each spouse to provide their attorneys with a copy of it immediately. 

When is a Prenup Considered Official?

There are certain legal guidelines that must be followed when creating a prenuptial agreement. This is so that the document is legal and can be used the way it is intended. In order for it to be considered valid, the document must:

  • Be in writing
  • Include a full disclosure at the time of execution
  • Be notarized
  • Be fair and just for both parties
  • Be executed before the marriage

Contesting a Prenuptial Agreement

It is important to know that a prenuptial agreement can be contested in New Jersey. There are several factors that will be considered by the court during this time, including the following:

  • Whether the agreement was entered into voluntarily
  • Whether the agreement is unconscionable
  • Whether both spouses exchanged a complete disclosure of their assets and debts
  • Whether each spouse had their own lawyer

When a spouse wants to contest their prenuptial agreement under one of these circumstances, it is important that they bring a copy of it to their initial consultation with the divorce attorney if they do not already have it. 

Contact our Firm

Divorce is complex. Fortunately, our firm is here to address any questions and concerns you may have regarding your rights, assets, and future. When you choose our firm to represent your best interests, we address each of your concerns and answer all of your questions to help you rest assured knowing you have a compassionate, skilled firm fighting in your corner. We leave no stone unturned. No matter your legal situation, if you need us, we are here. We pride ourselves on providing sympathetic service and aggressive representation to clients all over Suffolk County. Do not hesitate to contact the Law Offices of Susan A. Kassel, P.C. for a consultation.