In New York, prenuptial agreements are rarely overturned, provided they are properly drafted and voluntarily signed by both parties. Courts consistently enforce prenups that are free from fraud, duress, undue influence, or unconscionable terms. Below are four notable New York cases that illustrate how courts evaluate the validity of prenuptial agreements, and what couples should keep in mind when drafting one.
How to evaluate prenups (a very brief overview)
It is important to look at a few core issues when assessing a prenuptial agreement:
• Voluntariness and process: Was the agreement negotiated without coercion, with reasonable time for review?
• Disclosure: Did each party receive adequate disclosure of assets and liabilities?
• Fairness and substance: Is the agreement unconscionable or so one‑sided that it shocks the conscience?
By starting with these core ideas as building blocks, concerns about a prenup being invalidated can be minimized. On rare occasions a NY prenup can get thrown out, but when done correctly there is little to worry about. The following New York Prenuptial agreement cases show the importance of crafting a correct document.
Gottlieb v. Gottlieb, 138 A.D.3d 30, 25 N.Y.S.3d 90 (2016)
- Issue: One spouse sought to invalidate the prenup, claiming regret over not negotiating for more assets.
- Holding: The court upheld the agreement as valid and enforceable.
- Reason: Regret after signing is not grounds for invalidation. The agreement was entered voluntarily, and no fraud or coercion was present.
Takeaway: Courts won’t undo a prenup simply because one party later feels they should have asked for more.
Gutherz v. Gutherz, 992 N.Y.S.2d 158 (2014)
• Issue: A spouse argued that failure to disclose assets invalidated the prenup.
• Holding: The court enforced the agreement.
• Reason: Alleged nondisclosure alone does not constitute fraud or overreaching. There was no evidence of concealment or misrepresentation.
Takeaway: Full financial disclosure is important, but courts require proof of intentional deception to void a prenup. Citing, “an alleged failure to disclose assets does not, standing alone, constitute fraud or overreaching sufficient to vitiate an agreement, particularly in the absence of evidence of an attempt to conceal or misrepresent the nature or extent of the assets.”
A.N. v. E.N., 960 N.Y.S.2d 48 (2012)
- Issue: One spouse challenged the prenup, citing duress, lack of negotiation, and one-sided terms.
- Holding: The court set aside the agreement.
- Reason: The signing spouse had no input, and the final terms differed significantly from what was presented. The court found the agreement unconscionable and executed under duress.
Takeaway: Prenups must be negotiated fairly. Courts will reject agreements that are both procedurally and substantively unfair.
E.C.-P. v. P.P., 946 N.Y.S.2d 66 (2011)
- Issue: A prenup was signed based on a promise that it would be torn up after the couple had a child.
- Holding: The court invalidated the agreement.
- Reason: Fraudulent inducement—making a false promise to destroy the agreement—undermined the validity of consent.
Takeaway: False promises made to secure a signature can render a prenup unenforceable. The case demonstrates the importance of a properly drafted and executed prenuptial agreement.
Practical guidance based on these decisions
What These Cases Teach
Taken together, these cases show that New York courts will generally uphold prenuptial agreements when:
- Both parties enter into the agreement voluntarily
- There is full and fair financial disclosure
- The terms are not unconscionably one-sided
- Each party has time to review and consult independent counsel
However, courts will set aside prenups that involve:
- Fraudulent inducement or misrepresentation
- Duress or coercive timing (e.g., signing right before the wedding)
- Lack of negotiation or opportunity for legal advice
- Terms that are so unfair they shock the conscience
Best Practices for Drafting a Valid Prenup
To maximize enforceability, and ensure the prenuptial agreement stands up in court NYC recommends and utilizes a few important steps:
- Provide full, written disclosure of assets and liabilities.
- Allow reasonable time between disclosure and signing so each party can obtain independent legal advice.
- Avoid last‑minute pressure or surprise terms; document negotiation and offer revisions.
- Keep the terms clear and specific; vague or punitive provisions invite scrutiny.
- Consider contemporaneous financial schedules and notarized signatures to evidence voluntariness.
Final Thoughts
These cases show that enforceability hinges on fairness, transparency, and process. A prenuptial agreement isn’t just a legal formality, it’s a proactive step toward building a secure, communicative marriage. Whether you’re protecting family property, planning for children, or simply clarifying expectations, a well-drafted prenup can save time, stress, and uncertainty down the road and reduce the chances of a prenup being thrown out.
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