Pennise v. Pennise

OPINION OF THE COURT

Jeffrey G. Stark, J.

In a case where one spouse, without counsel, surrenders all rights to a jointly owned business and a jointly owned home by signing an agreement drawn up by the other spouse’s attorney, an inference of overreaching arises so that a hearing is necessary to determine whether the agreement should be set aside as unconscionable when made. Although noted commentators have contradictorily argued that the recent amendments to the Domestic Relations Law pertaining to marital agreements have expanded, and contracted, this traditional rule of equity, the court…