It may not be. A prenuptial agreement that wasn’t entered into by two fully informed spouses can be attacked in a divorce, and in some cases, New York courts have found that these agreements are not enforceable and have set them aside.
These cases tend to be complicated and involve a lot of back and forth between the parties.
Your spouse may argue that you were fully informed by their counsel, which is likely to be an inadequate defense, but it’s important that the case that’s presented is as strong as possible.
The default position of courts is to honor contracts, so a compelling case needs to be made that your contract should be treated differently.
It is possible to have a pre-nup set aside by the court.
Call the experienced Rochester divorce attorneys at Friedman & Ranzenhofer at 585-484-7432 for a legal consultation today.