“It is well established that properly executed marriage contracts are universal and enforceable, since strong public order that favours individuals who designate and decide their own interests through contractual agreements is fostered by contractual agreements.” Bloomfield Bloomfield, 97 NY2d 188 (2001). “This is how the marriage agreement is considered valid and controlling, unless the party challenging it fulfills its very heavy burden of setting it aside.” (Anonymous vs. Anonymous, 123 AD3d 581.582 [1st Dep`t 2014]). Gottlieb v. Gottlieb, 138 AD3d 30, 36 (1 dep`t 2016). “The burden of proof in the event of denial, coercion or overspending rests with the party who invokes the nullity of the agreement (Matter of Greiff, 92 NY2d 341, 344 (1998); Cohen v. Cohen, 93 AD3d 506 (1st Dep`t 2012). Violation of the duty of faithfulness. In order to justify a plea of breach of fiduciary duty with respect to the performance of the agreement, the applicant must justify the existence of a fiduciary relationship, a fault committed by the defendant and that such misconduct “incentivized the applicant to participate in the transaction in question”, which directly causes the loss which the applicant complains of. It is of the utmost importance that the marriage agreement explicitly states that it was concluded freely and voluntarily and that each party has been informed and understood the terms of the agreement.
The woman does not deny that she signed the agreement. She does not claim to have misunderstood the importance of any condition in the agreement or that she did not understand the legal effect of the agreement, as her lawyer explained. [FN5] Nor does she deny the confirmation made by her lawyer, which attests that she signed the marriage contract freely and voluntarily. As a family lawyer over thirty years old, helping clients fashionable and obtaining fair and equitable agreements that protect property and rights in the event of separation or divorce, Ingrid Gherman can help. You understand that it is the role of a Prenup lawyer to know your situation and your objectives in order to design an agreement that meets your conditions. Knowing that marital agreements are essentially contracts between potential spouses who are considering marriage, Ingrid has the know-how to get your prenup through sensitive negotiations. Finally, these contracts define the property rights of any future spouse during marriage and in the event of death, separation or divorce. Pre-marriage agreements can also define the desired rules for child custody and child care. However, the New York court has a duty to ensure that such agreements are in the best interests of the child.
As Ingrid Gherman is very competent and experienced in divorce and children`s rights, she is in a unique position to offer you the most effective prenup.