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Challenges in Preparing a Prenup Agreement

The seminal modern case on marital contracts is <i>Christian v. Christian</i>, 42 NY2d 63 (1977). In that case, which involved a post-marital separation agreement, the Court of Appeals held that such agreements that are regular on their face should be binding and valid unless shown to be otherwise, but may be set aside if grounds are demonstrated which would serve to vitiate an ordinary contract. Judicial review in this regard was to be "exercised circumspectly, sparingly and with a persisting view" toward encouraging parties to settle their disputes ...

29 minute read February 28, 2006 at 12:21 AM
By
Lee Rosenberg
Challenges in Preparing a Prenup Agreement

The seminal modern case on marital contracts is Christian v. Christian, 42 NY2d 63 (1977).

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