When matrimonial litigation becomes necessary, one of the most important threshold legal issues is often the enforceability of existing nuptial or separation agreements. Spouses routinely contest the validity of these agreements on a wide variety of grounds, such as duress, coercion, fraud, manifest unfairness, financial nondisclosure, unconscionability, lack of proper execution and lack of legal counsel.
Leitner & Getz LLP has extensive experience in defending and challenging marital agreements under these varied legal and factual theories. In several cases, we challenged the validity of separation agreements providing for benefits in the range of $10 – 20 million and, in another case, we challenged an agreement that had already been substantially renegotiated. Naturally, we realize that well drafted marital agreements may not be susceptible to legal challenge and, in those instances, we have successfully moved to secure the most favorable judicial interpretation of the agreement.