Marital Agreements are Binding

On January 15, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

Recently, we have received several questions regarding prenuptial and separation agreements.  The questions seem to focus on whether or not the agreements are binding.  Primarily whether or not a court can decide to modify the terms of such agreements if they are deemed unfair.  The truth of the matter is that these types of agreements are legal contracts.  If executed in compliance of the required formalities, then these agreements are generally binding.  Modifications to these agreements are permissible as long as both parties consent and follow the appropriate formalities for modifications.  Courts, however, will tend not to modify the terms of such agreements unless there are extenuating circumstances.  It is not an easy task to convince a judge to alter or void the terms of these marital agreements.  One exception to this general conclusory statement is when the best interest of an involved child would dictate that the Court intervene and impose its will.  These agreements are very intricate and the necessary terminology can be the difference in whether one of these marital agreements are valid and enforceable or possibly declared void and meaningless.  As always, please call (516) 858-2620 to speak to a family law attorney!

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