Grounds or Basis to Challenge a Marital, Separation or Nuptial Agreement

Marital, separation, and nuptial agreements are valuable tools that help couples define their financial rights and responsibilities before, during, or after marriage. However, circumstances may arise where one party wishes to challenge the validity or enforceability of such agreements. In New York, these agreements are legally binding contracts, but there are specific grounds on which they can be contested.

At The Law Offices of Karl Brodzansky, we have over 30 years of experience handling family law matters, including disputes over marital agreements. Here, we explore the common legal grounds to challenge these agreements, proactive steps to prevent challenges, and key legal considerations for New Yorkers.

Common Grounds to Challenge Marital, Separation, or Nuptial Agreements

Fraud or Misrepresentation

• If one party intentionally misrepresents or conceals material information, such as assets, debts, or income, the agreement may be deemed invalid. Full and accurate financial disclosure is essential when drafting these agreements.

• Example: A spouse hides substantial assets or undervalues property to manipulate the terms of the agreement.

• Coercion or Duress

  • An agreement signed under pressure, threats, or intimidation may not be enforceable. Both parties must willingly and voluntarily agree to the terms without fear of repercussions.

  • Example: A spouse threatens to cancel a wedding unless the other signs a prenuptial agreement under unfavorable terms.

• Unconscionability

  • If the agreement is so one-sided that it appears grossly unfair to one party, it may be challenged as unconscionable. Courts will assess whether the terms were reasonable and equitable at the time of signing.

  • Example: A separation agreement leaves one spouse with little to no financial support despite a long marriage and significant sacrifices.

• Lack of Independent Legal Counsel

  • Each party should have independent legal representation when drafting and signing a marital, separation, or nuptial agreement. If one party was unrepresented and did not fully understand the terms, the agreement could be invalidated.

  • Example: One spouse has an attorney while the other signs the agreement without consulting legal counsel or fully understanding its implications.

  
  

• Improper Execution

  • Agreements must meet strict procedural requirements to be valid in New York. For example:

    • Prenuptial and postnuptial agreements must be in writing.

    • Both parties must sign the agreement in the presence of a notary public.

  • Failure to meet these formalities can render the agreement unenforceable.

• Changed Circumstances

  • If unforeseen circumstances make the agreement unreasonable or impractical, a court may modify or invalidate it. However, this is a high bar to meet and usually requires a significant change, such as severe financial hardship or illness.

  • Example: A long-term spousal support waiver in a separation agreement becomes unfeasible if the receiving spouse develops a disability and can no longer work.

• Duress During Reconciliation

  • If a marital or separation agreement was signed during a period of reconciliation under the condition that the marriage would continue only if the agreement was executed, it may be challenged for coercion or lack of true mutual assent.

• Public Policy Violations

  • Agreements that include terms contrary to public policy, such as waiving child support obligations, are not enforceable. Courts prioritize the well-being of children and will strike down provisions that undermine their best interests.

  • Example: A separation agreement includes a clause that one spouse will not seek child support, which the court deems invalid.

Proactive Steps to Avoid Challenges

1. Full Financial Disclosure: Ensure both parties provide a complete and honest account of their financial assets and liabilities. Transparency is critical to avoid claims of fraud or misrepresentation.

2. Independent Legal Counsel: Both parties should have separate attorneys review the agreement. This ensures that both understand the terms and helps prevent claims of coercion or lack of understanding.

3. Fair Terms: Draft an agreement that is equitable to both parties at the time of signing. Grossly unfair terms can lead to a finding of unconscionability.

4. Proper Formalities: Ensure the agreement complies with all legal formalities, including being in writing and notarized.

5. Review and Update: Periodically review and, if necessary, update the agreement to reflect significant life changes, such as the birth of children, inheritance, or major financial shifts.

Statute of Limitations for Challenges

While there is no strict statute of limitations for challenging the validity of a marital, separation, or nuptial agreement, certain claims, such as fraud, may be subject to time limits. In New York, the statute of limitations for fraud is generally six years from the date of the fraud or two years from when it was discovered. Consulting an experienced attorney promptly is essential to avoid missing critical deadlines.

Recent Case Examples

1. Lack of Full Disclosure: In a notable New York case, an agreement was invalidated because one spouse failed to disclose offshore bank accounts. The court found this omission significant enough to deem the agreement unenforceable.

2. Coercion Allegation: In another case, a prenuptial agreement was overturned when one spouse provided evidence of undue pressure during the signing process, including threats to cancel the wedding.

3. Unconscionability Challenge: A court modified the spousal support terms of a separation agreement when it became clear that the original terms left one spouse destitute after a debilitating illness.

Why Choose The Law Offices of Karl Brodzansky?

Challenging or defending a marital, separation, or nuptial agreement is a complex legal matter. At The Law Offices of Karl Brodzansky, we bring decades of experience and a client-centered approach to every case. Here’s how we can help:

1. Comprehensive Legal Analysis: Our team will carefully review the agreement to identify potential grounds for challenge or defense, ensuring that no detail is overlooked.

2. Personalized Strategies: Every case is unique. We tailor our approach to meet your specific needs, whether you’re seeking to challenge an agreement or defend its enforceability.

3. Experienced Advocacy: Karl Brodzansky has extensive experience in matrimonial and family law. Our firm is skilled in negotiation, mediation, and litigation, ensuring that you receive the best possible representation in court or settlement discussions.

4. Commitment to Your Interests: We understand the emotional and financial stakes involved in these disputes. Our goal is to protect your rights and help you achieve a fair outcome, no matter how complex the case.

Contact Us Today

If you believe you have grounds to challenge a marital, separation, or nuptial agreement—or if you need to defend the validity of one—The Law Offices of Karl Brodzansky is here to help.

Call us at (516) 248-2727 or visit our office for a free consultation. Let us provide the legal expertise and compassionate support you need to navigate this challenging process.