ORDERED that the appeal from the order dated July 5, 2000, is dismissed as abandoned; and it is further,
ORDERED that the orders dated August 15, 2000, and September 27, 2000, are affirmed insofar as appealed from; and it is further,
ORDERED that the plaintiff is awarded one bill of costs.
The Supreme Court providently exercised its discretion in granting that branch of the wife's motion which was for pendente lite counsel fees (see, Anonymous v. Anonymous, 258 A.D.2d 547; Berlly v. Berlly, 237 A.D.2d 553; Kesten v. Kesten, 234 A.D.2d 427; Mitzner v. Mitzner, 228 A.D.2d 483). The Domestic Relations Law authorizes the court, in its discretion, to award an interim counsel fee where, as here, there is a significant disparity in the financial circumstances of the parties, and where it appears that the litigation will be protracted (see, Domestic Relations Law § 237[a][5]; DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879; Ljutic v. Ljutic, 216 A.D.2d 274; Ferdinand v. Ferdinand, 215 A.D.2d 350).
The Supreme Court also properly set aside the wife's waiver of maintenance contained in the parties' 1987 prenuptial agreement. The relevant provision is unconscionable because it was not negotiated at arms' length and is facially unfair. It is not disputed that the prenuptial agreement was drafted by the husband's lawyer, and was forced upon the young wife, who was not represented by counsel, on the night before the wedding, by the husband and his father (see, Bartlett v. Bartlett, 84 A.D.2d 800). In addition, the agreement appears to violate public policy, in that it would reward a short-term relationship while penalizing a long-term relationship.
Finally, the Supreme Court properly determined that the prenuptial agreement did not exclude from equitable distribution any appreciation in the value of the husband's separate property and/or any income derived from that property which was the result of a direct or indirect contribution by the non-titled spouse (see, Price v. Price, 69 N.Y.2d 8).
RITTER, ACTING P.J., FLORIO, FRIEDMANN and COZIER, JJ., concur.