Abstract:Matrimonial agreements of all kinds, like any other agreement, are subject to being tested for unconscionability. If found unconscionable these agreements can be deemed unenforceable and subject to modification by judicial mandate. This article looks at the unique rules that courts in New York have developed for evaluating when and if a matrimonial agreement is unconscionable and considers methods for the draftsman to insure that an agreement will survive judicial scrutiny. Topics include separation agreements and stipulations of settlement, pre-nuptial, ante-nuptial and reconciliation agreements as well as a discussion of implications for homosexual relationships.