Extract to table

The Agreement provides that in the event of dissolution, the marital residence shall be sold and the net proceeds divided 65% to the titled spouse (Mr

Under this provision, a prenuptial agreement is valid and enforceable if it meets three formality requirements: the agreement must be (1) in writing, (2) subscribed by the parties, and (3) acknowledged or proven in the manner required to entitle a deed to be recorded

A party challenging the agreement on disclosure grounds must demonstrate that the disclosure was so deficient that the party could not have formed a meaningful understanding of the other's financial circumstances

Prenuptial agreements are presumed valid, and the challenging party must overcome that presumption by clear and convincing evidence — or, at minimum, by a preponderance of the evidence depending on the specific ground asserted

A nascent business idea, without corporate form, without assets, and without any basis for valuation, does not constitute an "asset" that must be disclosed

Rather than negotiating against the backdrop of a potentially uncapped or substantially higher maintenance award under DRL § 236(B)(6), the Agreement establishes a ceiling against which any settlement must be measured