Practice point: A spousal agreement that is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability.
Students should note that the agreement will not be overturned merely because some of its provisions were one-sided, and simply alleging an unequal division of assets does not establish unconscionability.
Case: Cioffi-Petrakis v. Petrakis, NY Slip Op 03266 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Torts.
