Matter of Serodio
It is not necessary to produce a signed copy of a prenup in order to prove its existence.
It is not necessary to produce a signed copy of a prenup in order to prove its existence.
Inequitable agreements should not be enforced.
Pre-1978 agreement is presumed equitable – statute is retroactive. (2) Financial statements need not be attached. (3) Wife’s contributions as a homemaker do not affect the equitability of the agreement.
Marital agreement which excluded property acquired before or after marriage also excluded appreciation of the property, unless the agreement is inequitable.
Where agreement states that it was intended to take effect at death, it does not apply to divorce.
To be enforceable, marital agreements must have fair disclosure, be voluntarily entered into, and have fair substantive terms. The fairness of the agreement is assessed as of the time of the execution of the agreement and, if circumstances have significantly changed, the fairness is assessed again at the time of divorce.
No disclosure vitiates marital agreement. Independent knowledge of assets in this case is insufficient to substitute for actual disclosure.
Stipulation regarding whether payments are maintenance or property division in lieu of maintenance is ambiguous. Remanded to court evidentiary hearing to determine intent of parties.
Enforcement of premarital agreement would be unfair where both parties ignored agreement during marriage and assets cannot be traced.
(1) Test for change in circumstances is whether change is foreseeable. (2) If agreement is equitable, it controls regardless of other factors.