New York, NY - In a state where family law is governed by some of the most technical and demanding requirements in the country, Manhattan divorce lawyer Richard Roman Shum of The Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/is-your-prenup-ironclad-challenging-and-enforcing-agreements-in-ny/) is offering key insights into how prenuptial agreements can either stand firm or fall apart under legal scrutiny in New York.
Divorce proceedings that involve prenuptial agreements often come down to two major questions: Was the agreement properly executed, and is it fair? According to Manhattan divorce lawyer Richard Roman Shum, failing to meet New York’s strict statutory requirements—especially the formal acknowledgment of the agreement—can make an otherwise valid contract unenforceable in court. “Even seemingly minor technical defects, like a missing phrase in the notary’s certificate, have led courts to invalidate entire agreements,” says Shum.
These legal standards are not only precise but unforgiving. As a Manhattan divorce lawyer navigating cases in this environment, Richard Roman Shum emphasizes the importance of understanding the implications of Domestic Relations Law § 236(B)(3). The statute mandates that prenuptial agreements must be in writing, signed by both parties, and acknowledged in the same manner as a real estate deed. “Acknowledgment is not the same as notarization,” Shum explains, underlining the difference that often becomes a point of contention in litigation.
One critical point Shum makes is that the courts act as a gatekeeper before even addressing the content of a prenuptial agreement. If the acknowledgment certificate fails to comply with the legal standard, the court will not consider the financial or custodial terms of the agreement. Citing landmark decisions such as Galetta v. Galetta and Matisoff v. Dobi, Shum illustrates how technical precision in execution often determines whether an agreement is ever reviewed substantively.
Once a prenup survives formal scrutiny, it may still be challenged on substantive grounds such as fraud, duress, or unconscionability. Richard Roman Shum notes that successfully challenging a valid agreement is difficult in New York. Fraud must involve deliberate concealment—such as hiding income or misrepresenting assets—and duress must go beyond emotional pressure, involving threats or coercion that remove meaningful choice.
In one recent case, J.M. v. G.V., the court introduced a significant requirement regarding spousal maintenance waivers. If one party is unrepresented, the court now requires that the prenup include full spousal maintenance guideline calculations in order to prove that the waiver was made knowingly. As Richard Roman Shum points out, this decision adds a new layer of complexity to drafting enforceable agreements and may open the door to new challenges in already signed prenups.
“The law continues to evolve, and attorneys need to evolve with it,” says Shum. “This latest ruling means that simply stating ‘I waive maintenance’ is no longer enough when one party is self-represented. The court wants evidence that the person understood what they were giving up.”
While challengers of prenuptial agreements bear a heavy burden of proof, enforcement comes with its own strategy. Richard Roman Shum explains that the defending party must establish that the agreement is facially valid and properly acknowledged. Only then does the burden shift to the other party to show, with specific evidence, why the agreement should be set aside.
The process of defending a prenuptial agreement also demands thorough documentation. Shum stresses the importance of independent legal representation, comprehensive financial disclosures, and enough time for meaningful negotiation. These elements collectively provide a strong defense against claims of coercion or unfairness.
Richard Roman Shum advises those preparing or enforcing prenuptial agreements to treat them with the same level of care as any high-stakes contract. “This isn’t just about what you and your partner agree on,” he says. “It’s about whether that agreement will survive court review five, ten, or twenty years later.”
People considering a prenuptial agreement—or dealing with one during divorce—are encouraged to understand that enforceability requires more than mutual understanding. It requires strict compliance with procedural rules and a careful balance of fairness and foresight. Engaging the support of a seasoned Manhattan divorce lawyer like Richard Roman Shum ensures that the process is handled with the care needed to withstand legal scrutiny.
Whether planning for marriage or navigating its end, individuals need to ensure their agreements are built on solid legal ground. The Law Office of Richard Roman Shum, Esq. works with clients across New York to review, challenge, and enforce prenuptial agreements with clarity and precision.
For those unsure whether their prenuptial agreement can be enforced or who are considering drafting one, a consultation with Richard Roman Shum can offer clarity and direction. Legal strategies must reflect both the letter of the law and the lived realities of the individuals involved.
About The Law Office of Richard Roman Shum, Esq.:
The Law Office of Richard Roman Shum, Esq. is a New York-based family law firm offering counsel in matters of divorce, prenuptial agreements, custody, and related domestic relations issues. The firm focuses on guiding clients through complex family law processes with attention to detail and adherence to New York law.
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