Is Your Prenup Ironclad? Challenging and Enforcing Agreements in NY - Richard Roman Shum

From The Law Office of Ryan Besinque – Is Your Prenup Ironclad? Challenging and Enforcing Agreements in NY explores the unforgiving legal terrain of prenuptial agreements in New York, where even minor technical missteps can lead to an entire contract being thrown out. This episode dives deep into what makes a prenup valid or vulnerable, unpacking key legal standards and landmark cases like Matisoff v. Dobi and Galetta v. Galetta that shape how courts interpret and enforce these critical agreements.

Listeners will learn how New York’s Domestic Relations Law § 236(B)(3) demands precision on three non-negotiable elements: a written contract, signatures by both parties, and — most crucially — a proper acknowledgment that goes far beyond casual notarization. We break down why acknowledgment errors, such as an improperly worded notary certificate, can invalidate even the most seemingly fair agreement, stopping enforcement before a court even looks at the content.

We also explore the deeper challenges often raised after the formalities are met — including allegations of fraud, duress, coercion, and unconscionability. Drawing from key precedents like Christian v. Christian and the groundbreaking 2025 case J.M. v. G.V., this episode sheds light on evolving expectations for spousal maintenance waivers and the importance of full financial disclosure. Whether it’s hiding assets or springing a prenup days before a wedding, we detail how courts separate valid agreements from those tainted by overreach or unfairness.

Finally, we turn the lens toward enforcement strategies — how to protect your prenup from challenge by ensuring independent legal representation, thorough documentation, and ample negotiation time. With insights from Manhattan divorce lawyer Richard Roman Shum, Esq., who brings over 15 years of experience and a deep commitment to client-centered representation, this episode is a vital guide for anyone drafting, reviewing, or defending a prenuptial agreement in New York.

Law Office of Richard Roman Shum, Esq

20 Clinton St FRNT 5D, New York, NY 10002, United States

[phone]

https://www.google.com/maps?cid=3597344583150276913