Can a Foreign Language Prenuptial Agreement Be Upheld in New York?
New York Court Rules Foreign Language Prenuptial Agreement Unenforceable Without Certified Translation
A recent decision by the New York Supreme Court underscores a critical legal requirement that couples should carefully consider when creating prenuptial or postnuptial agreements—especially those drafted or executed in languages other than English.
The Case: Z.J.V. v. A.A.V. (2025)
In the matrimonial case of Z.J.V. v. A.A.V., decided on March 25, 2025, Justice James L. Hyer denied requests from both parties to either enforce or invalidate a marital agreement, emphasizing a fundamental procedural misstep: the parties' failure to comply with the stringent translation requirements set forth in the New York Civil Practice Law and Rules (CPLR §2101(b)).
This case involved a marital agreement executed shortly after the parties' marriage in Germany. The agreement was prepared in both German and English, explicitly stating that neither language was intended to have priority in the event of discrepancies. However, when presenting the agreement to the court for enforcement, neither party provided the required certified translation or translator's affidavit mandated by CPLR §2101(b).
Why the Court Could Not Enforce the Agreement
The court's ruling hinged on the requirements of CPLR §2101(b), which mandates:
All documents filed with New York courts must be in English.
Documents originally written in a foreign language must include a certified English translation.
Each translation must be accompanied by an affidavit from the translator, affirming their qualifications and the accuracy of the translation.
Justice Hyer emphasized this rule clearly, stating:
"Here, this Court has been presented with the Purported Marital Agreement, which contains both text in the English language and in a non-English language. Notably, the agreement itself confirms in a portion of the English language text that contradictions in the English language portion and non-English language portion may exist, underscoring the need for an English language translation. Nonetheless, both parties failed to comply with CPLR §2101(b)... preventing this Court from being able to review the document."
As a result, the court concluded the agreement had no evidentiary value and explicitly refused to either validate or invalidate it, leaving the parties without the legal clarity they sought.
Important Lessons for Couples with Foreign-Language Prenups
This decision highlights several crucial points for couples in New York who are considering or have already executed a prenuptial or postnuptial agreement involving multiple languages:
Translation Requirements Are Mandatory:
New York courts require strict compliance with translation rules. Even if your agreement is bilingual, without proper translation and certification, it will be unenforceable.Clear Priority of Language Matters:
Agreements containing multiple languages should clearly state which language controls if discrepancies arise. Ambiguity can lead to further complications in enforcement or interpretation.Documentation and Procedure Are Critical:
Procedural mistakes, such as not providing the necessary translation affidavits, can prevent courts from even reviewing your agreement, let alone enforcing it.
Protect Your Prenuptial Agreement—Ensure Compliance Today
This ruling underscores the importance of precise and careful drafting of prenuptial and postnuptial agreements. Proper execution, including compliance with all procedural and linguistic requirements, is essential to ensure your agreement is upheld by the court.
At Mindin & Mindin, P.C., our experienced New York matrimonial attorneys can assist you with every step of your prenuptial or postnuptial agreement, including:
Drafting and negotiating comprehensive agreements
Ensuring compliance with New York law, including CPLR §2101(b)
Facilitating proper translations and certifications
Reviewing existing agreements to ensure enforceability
Don’t let procedural oversights jeopardize your financial future. Contact our team today for a confidential consultation about your prenuptial or postnuptial agreement.
Protect your assets, ensure clarity, and avoid costly litigation.
Call Mindin & Mindin, P.C., at 888-501-3292 to schedule your consultation today.