In Strong v. Dubin , Madeline Dubin contested the validity of a pre-nuptial agreement reached with her former husband, Leslie Strong.
Before that agreement was signed, Dubin hired an attorney which her ex had recommended, and apparently didn't think to ask any questions about the document. In fact, although she was warned that the pre-nup was one-sided, Dubin supposedly informed her counsel, "It's okay. I just want to get married."
When litigation in the New York County Supreme Court ensued, a judge ultimately concluded that there was no evidence of any "undue influence," that Dubin's attorney did not suffer from any "conflict of interest," and that the prenuptial agreement was valid.
On appeal, the Appellate Division, First Department, affirmed. The AD1 noted "a strong public policy" in allowing parties to enter into such contracts, and that "a duly executed prenuptial agreement, which is deliberately prepared and executed to reflect the intention of the parties, is accorded the same presumption of legality as any other contract."
Although Dubin claimed she didn't comprehend the document's "legalese," she admitted to having reviewed the agreement and understood its ramifications.
So, instead of a complacent "I do," Dubin should have responded with an impassioned "I won't."
(Is that cutting?)
To download a copy of the Appellate Division's decision, please use this link: Strong v. Dubin