Barocas v. Barocas

I agree with the majority that the motion court properly held that an issue *553of fact exists as to whether maintenance waiver contained in the parties’ prenuptial agreement is unconscionable under the standard set forth in section 236 (B) (3) of the Domestic Relations Law. I would also find that an issue of fact exists as to whether the property waiver contained in the agreement is unconscionable (see Christian v Christian, 42 NY2d 63 [1977]; Bloomfield v Bloomfield, 281 AD2d 301 [2001], revd on other grounds 97 NY2d 188 [2001]).

Defendant wife was born in Guyana, the second of seven children.…