Indeed, the requirement of a marriage agreement creates a significant risk for the branches of future marriage and does not bring for many real benefits, while creating significant risks. While there are situations (described in Part II of this series) where the benefits of an agreement outweigh its psychosocial risks, the requirement for such an agreement should never be a mere occasional decision. The costs are too high. Moreover, as a self-fulfilling prophecy, the Prenup could plant the seed for the result that the parties fear most – a divorce! Storobin Law Firm is a leading New York law firm headed by David Storobin, a former New York state senator. We represent individuals in all family law matters, including the development of marriage contracts. Violation of the duty of faithfulness. In order to justify a plea of breach of fiduciary duty with respect to the performance of the agreement, the applicant must justify the existence of a fiduciary relationship, a fault committed by the defendant and that such misconduct “incentivized the applicant to participate in the transaction in question”, which directly causes the loss which the applicant complains of. While marital agreements are considered enforceable, you or your spouse may challenge the validity of a matrimonial agreement for certain reasons, including: Tribunal found that the woman does not meet the burden of proof to invalidate the marital agreement. The court stated that “the alleged non-disclosure of assets is not merely fraud or overrun to certify an agreement, particularly in the absence of evidence to attempt to conceal or distort the nature or extent of the assets.” The Tribunal also refused to quash this agreement because the wife waived her right to support, since the support provisions were fair and reasonable at the time of the marriage contract and at the time of the final judgment. Fraud, etc.
The defendant would not have borne its burden in the event of the annulment of the parties` marriage agreement in order to show that the agreement was the result of fraud, coercion or other unequal conduct.