Barocas v. Barocas

I respectfully dissent and would modify the decision below as follows. I agree that the wife is not entitled to summary judgment declaring the parties’ prenuptial agreement dated November 1, 1995 void as unconscionable with respect to either the property division or maintenance waiver, but would find that the conscionability of the property division or equitable distribution waiver, as well as that of the maintenance waiver, should be explored at a hearing.

The agreement, entered into 15 years earlier, less than two weeks before the marriage, provided that the parties waive any claim to…