Prenuptial agreements in New York State. Kiritsis Law Group 212 922 0005

Apr 18, 2021

Contrary to public belief, a proper prenuptial agreement could be a legally valid and enforceable contract within the State of New York. A prenuptial agreement is simply a divorce planning mechanism. What can go, as well as, what may not go into a prenuptial agreement would likely be determined on a labyrinth of federal and state laws. Unlike many states, it is important to note that New York has not adopted (as of yet at least), the Uniform Prenuptial Agreement Act. Many legal issues could be involved when dealing with prenuptial agreement disputes. Some of the common causes that may make a prenuptial agreement illegal, invalid, void and/or voidable could include (but are certainly not be limited to): duress, lack of adequate legal counsel, unconscionability, illegality, unfairness, unconstitutional and/or inadequate authenticity.

 

Sources:

Uniform Premarital Agreement Act

U.S. Constitution

New York State Constitution

U.S. and New York statutory and case laws

 

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