Are prenuptial agreements always enforceable? If not, why?
New York matrimonial and divorce attorney Jacqueline Newman of Berkman Bottger Newman & Rodd explains that prenuptial agreements are typically enforceable in New York, but can be challenged if there is fraud.
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Well, I like to think that my prenuptial agreements are always enforceable. But that said, in New York – New York County; specifically, in Manhattan – so far, prenups have been upheld pretty much all the time. When you’re in a situation that they can be challenged is when there’s an element of fraud, which – any contract can be challenged. The thing that I do often talk to my clients about when I’m doing a prenuptial agreement is the maintenance clause, which is alimony – spousal support; it’s all the same thing. That is something that can often be challenged in a prenup, because the standard for that is it has to be fair and reasonable at the time of signing, as well as not unconscionable at the time of divorce. So, when you’re entering the agreement, that’s something that could be open to question marks.