Posted by:
Nathan Cheatham
on Dec 22, 2025
If the terms of the prenuptial agreement are unjustly unfair, the agreement can be considered void. This does not immediately apply to cases in which one spouse receives less than the other spouse. The agreement can be void if the agreement is so unjust that it leaves one spouse wholly unable to support themselves and in an incredibly disadvantaged financial position.
A postnuptial agreement allows couples to manage their financial rights and responsibilities during the marriage, including asset division in the case of divorce or death. Although New York law already outlines the default division of property in such cases, a postnuptial agreement lets the couple tailor their plan to their specific situation.