Fraud, etc. The defendant would not have borne its burden in the event of the annulment of the parties` marriage agreement in order to show that the agreement was the result of fraud, coercion or other unequal conduct. Indeed, the minutes show that the defendant was aware of the applicant`s substantial income and financial assets, but nevertheless chose to sign the agreement, notwithstanding the contrary advice of her lawyer, who represented her interests very competently. A marital agreement can include many different things, including: While marital agreements are considered enforceable, you or your spouse can challenge the validity of a marital agreement for certain reasons, including: Unacceptable An unscrupulous windfall is « as it would in its senses and not under deception on the one hand, and as no honest and just person on the other would accept it. » The respondent found that the agreement was not obtained by one or more frauds and was not « unfair to the face ». The applicant argues that subsequent events rendered the agreement unacceptable in its application to the financial situation of the parties. According to the applicant, the defendant implemented the agreement by partially reducing his compensation in the form of permanent assets titled in the company`s name, an allowance that would otherwise have been marital income and which would have been used for the acquisition of marital property. The applicant argues that the defendant thus isolated these assets, including the matrimonial home, from the applicant`s claims to a fair distribution, at least according to a strict and literal interpretation of the parties` agreement. While the courts have the power to ascertain whether maintenance contracts are unacceptable at the time of a final divorce judgment, they do not have the power to distribute the assets. The agreement here concerns only property and remains silent with regard to maintenance. Accordingly, the defendant is entitled to a summary judgment rejecting this ground. Threat to annul the wedding. A man`s alleged threat to annul the marriage if his fiancée refuses to sign a marriage pact does not constitute a constraint that would invalidate the agreement. « Legally, the exercise or threat of exercising a right is not binding. » A marriage contract is a contract between you and your future spouse before marriage.
In a marriage agreement, you and your spouse give the money and property you own before you get married. Then you set out the rights and obligations that each of you will have during the marriage, including how you will share your money and property in the event of divorce or death of any of you. The important things you need to think about when drafting your agreement are that the lack of independent advisers is not, without some extrinsic evidence of impitoseability, coercion or fraud, sufficient in itself to overturn the agreement. This is particularly the case when one of the parties to the agreement makes a deliberate decision not to retain a lawyer when they have been advised to do so. Over the past decade, marital agreements (also known as pre-marital or prenupetal agreements) have become increasingly common among engaged couples and have lost some of the negative stigma they previously had. Prenups can be a valuable and important tool in the event of divorce, but they must be established and negotiated in a thoughtful and fair manner. Any inconvenience or disagreement you have about your prenup can usually be negotiated to a mutually beneficial outcome. Taking into account potential pitfalls at the beginning can help avoid conflicts in the future. Are you getting involved? Congrats! Here`s when they should consider a marriage deal – and how to get started. Storobin Law Firm is a leading New York law firm headed by David Storobin, a former New York state senator.