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McEvoy Stuntz

Prenuptial Agreements

The 1979 case of Rosenberg v. Lipnick sets forth the standards for determining the enforceability
of prenuptial agreements, including:

  • The agreement contains a fair and reasonable provision as measured at the time of its execution
    for the party contesting the agreement;
  • The contesting party was fully informed of the other party’s worth prior to the agreement’s execution,
    or had, or should have had, independent knowledge of the other party’s worth; and
  • A waiver by the contesting party is set forth.

Reference may be made to such factors as the parties’ respective worth, ages, intelligence, literacy,
and business acumen, as well as prior family ties or commitments.

The 1981 case of Osborne v. Osborne upholds the standards provided in Rosenberg v. Lipnick
(see above)
as to the validity of prenuptial agreements, and sets forth another factor for consideration:
that the agreement is fair and reasonable not only at the time it was entered into but also at the time
of the entry of the judgment nisi, a factor that is now commonly known as the “second look” prong.