Just because an agreement between spouses splits assets in an unequal or one-sided basis does not render the agreement unconscionable.
It has long to the policy of courts to hold parties to the terms of their agreements. An agreement between spouses, which is fair on its face, will be enforced even if one party received less than one half of the value of the marital assets unless there is proof of fraud, duress, overreaching, or unconscionability.
In the recently decided case of Shultz v. Shultz, the Appellate Division detailed what makes an agreement unconscionable....
Please see full blog post for more information.
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