Sharon Hershkowitz, an independent businesswoman, and Harold Levy, Jr., an experienced attorney, entered into a prenuptial agreement that defined separate property as anything acquired by the parties prior to the marriage. The agreement also defined all earned income during the marriage as marital property. Sharon used the services of a lawyer to review this agreement. Approximately eight years later, the husband and wife redefined separate property as including any and all income or other compensation earned during the marriage.

The couple waived any maintenance payments in the event of a divorce. The couple waived the right to insist on financial disclosure as a precondition to signing this postnuptial agreement. About three years later, a divorce proceeding commenced. Harold moved that the postnuptial agreement signed by both parties three years prior to divorce proceedings should be set aside because it was unconscionable, overreaching, fraudulent, and it lacked consideration. A trial court did not agree. Harold filed an appeal. Should the appellate court reverse the trial court’s decision? Why or why not?