All prenuptial agreements executed after October 1, 2007, must be in writing and signed by the parties. Premarital agreements executed after October 1, 2007, are not enforceable under the following circumstances. First, when the agreement was not executed voluntarily. Second, when the agreement is the product of duress, fraud, coercion…
In contesting prenuptial agreements, parties should either establish fraud, duress, overreaching or that the agreements are unfair or make unreasonable provision for spouses. In determining whether agreements are unfair or make unreasonable provision for spouses, courts look at the parties relative situations, their ages, health, education, financial status. In Hahamovitch v. Hahamovitch,…