Daily Archives September 24, 2020

VALIDITY OF THE PRENUPTIAL AGREEMENTS

The Court of Appeals in Burtoff v. Burtoff, still remains instructional as to how the Court would scrutinize validity of a prenuptial agreement in litigation. There, Mrs. Burtoff challenged the validity of the prenuptial agreement particularity provisions pertaining to spousal support in an event of separation and divorce. The Court again iterated that prenuptial agreements are generally considered contracts with their enforcement taking on the same criteria as other contracts but with a higher degree of scrutiny to ensure fairness, and balance. Specifically, the Court expounded in holding such contracts valid that with divorce such a commonplace fact of life,
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