Can a no fault divorce be contested on the basis of a pre nuptial not incorporated into the divorce papers? Can alimony be still

Asked almost 2 years ago - East Meadow, NY

claimed despite of a pre-nuptial in case of a no fault divorce in NY?

Attorney answers (4)

  1. Louis Lawrence Sternberg

    Contributor Level 18

    10

    Lawyers agree

    Answered . New York does not technically have "no fault" divorce. New York has "irretrievable breakdown" which is very similar to no fault but not exactly the same thing. If a proposed judgment of divorce does not account for a prenuptial agreement, the divorce can be contested. Alimony, or maintenance as it is now known, can still be sought despite the existence of a prenuptial agreement that prohibits such payments.

    These are VERY simple answers to complex questions and the ultimate outcome of your case will depend on the facts of your particular situation. I would recommend that you contact a local matrimonial attorney.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We... more
  2. Daniel Seth Williams

    Pro

    Contributor Level 18

    7

    Lawyers agree

    2

    Answered . Most likely it can, doesn't mean it will.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more
  3. Atousa Saei

    Pro

    Contributor Level 16

    7

    Lawyers agree

    2

    Answered . I suppose it could. As my colleague stated, my answer does not suggest that it will.

  4. Joshua T. Mathews

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . Pre-nuptial agreements, (also called ante-nuptial agreements), are most often used when parties have significant assets. As a result, you'll find a great deal of litigation history and "case-law" on the subject.

    Your question isn't entirely clear, but I'm guessing that the divorce is still pending, and the pre-nuptial was not mentioned in the petition? Either way, the listing of the pre-nuptial agreement really isn't the issue. The issue will be whether or not the agreement was valid and enforceable as executed. Case law in different states will discuss the timing of the request for an antenuptial agreement, the timing of the execution, the comparative sophistication levels of the parties, whether or not both parties had independent counsel, etc.

    Meet with a qualified domestic attorney, and bring a copy of the agreement with you. Also, spend some time on google, looking at articles written about the enforceability of antenuptial agreements in New York.

    Good luck

    This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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