The Tom Brady divorce spawned a veritable blizzard of articles about Tom and Gisele’s “ironclad” prenuptial agreement. Mass media told us that it was the ironclad prenuptial agreement that enabled Tom and Gisele to swiftly settle their divorce.

Think of all the agreements you have drafted, negotiated and finalized. Were they ironclad, as in, unbreakable by a New York court? They should be. After all, in 2004 the Court of Appeals told us in the “Vermont Teddy Bear” case that New York courts are not empowered to rewrite arms-length contracts.

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