In a case of first impression, an appeals court sitting in New York County, has allowed a non-monied spouse to bring a challenge to set aside what is a standard clause in most prenuptial agreements where each of the parties to the agreement waives claims to have the other party pay their attorney's fee. This Appellate Division (the appeals court) … [Read more...]
VIDEO: Understanding Prenuptial Agreements under New York Law
Elliot S. Schlissel is a family law attorney. He can be reached at 516-561-6645 or by email at elliot@sdnylaw.com … [Read more...]
Who Needs a Prenuptial Agreement?
Prenuptial agreements are not for everyone. The only individuals eligible for prenuptial agreements are people getting married. Seriously though, who needs a prenuptial agreement and why would you really want one? Prenuptial Agreements deal with issues such as assets accumulated during the marriage, professional licenses and spousal … [Read more...]
Prenuptial Agreement Set Aside By Court
A wife recently brought a proceeding before Judge Anthony J. Falanga in the Supreme Court located in Nassau County. She claimed in this proceeding the 1998 prenuptial agreement she executed should be set aside. She alleged her husband fraudulently induced her into signing the agreement. She was convinced to sign the prenuptial agreement because of … [Read more...]
Getting Divorced During an Economic Downturn
The financial crisis in the United States is causing tension within families. Financial problems can be the cause of a divorce. In most marriages the family home is the largest asset. The decline in home values over the past three or four years has resulted in many homes being worth less than the mortgages on them. Postponing Divorce Recent … [Read more...]
Funding of Divorce Litigation
There is a new concept in the handling of divorces that is accepted in a number of states. Funding companies offer to cover the legal costs of litigating the divorces. They pay for the legal services of the party's lawyer. They also pay for finding hidden assets and maintaining an individual's lifestyle during the course of the divorce … [Read more...]
