🔑 Unconscionability of Separation Agreements (Rule + Authority) — New York

New York courts will enforce separation agreements only when their terms reflect a fundamentally fair bargain. Even strong public policy favoring private settlement gives way when the substance of an agreement is so one-sided that it cannot be reconciled with basic notions of fairness.

This rule matters because unconscionability focuses on the terms themselves, not merely the process by which the agreement was signed. An agreement may be set aside even absent fraud or duress if its inequality is extreme enough to shock the conscience.