Unconscionable prenuptial agreement vacated

Petracca vs. Petracca

Matrimonial Law

101 A.D.3d 695, 956 N.Y.S.2d 77 (2nd Dept. 2012)

Appellate Court dismissed Defendant-Husband’s appeal and upheld the Order of the Supreme Court which granted Plaintiff-Wife’s motion to set aside the parties’ postnuptial agreement.  Appellate Court held that the terms of the postnuptial agreement were manifestly unfair to Wife given the nature and magnitude of the rights she waived, particularly the relinquishment of her property rights in the marital residence and the waiver of all of her inheritance rights, in light of the vast disparity in the parties' net worth and earnings, and the terms were unfair when the agreement was executed and gave rise to an inference of overreaching.