Divorce: New York

Divorce: New York

Tag Archives: Set Aside

Melting Pot (Part 2 of 4): Prenuptial Agreement Voided Applying the Laws of Spain and the Dominican Republic

Posted in Agreements and Stipulations, Jurisdiction
The second of four decisions this month with an international flavor was also decided by New York County Supreme Court Justice Ellen Gesmer. In M v. M, 2014 N.Y.Misc. Lexis 3201, decided July 3, 2014, Justice Gesmer again voided a marital agreement, this time applying the laws of Spain and the Dominican Republic. On June … Continue Reading

Court Strikes Prenup Provision Giving Husband the Power to Determine Whether After-Marriage Acquired Property was Marital or Separate

Posted in Agreements and Stipulations
After surgically excising eight words, Saratoga County Supreme Court Justice Thomas D. Nolan, Jr., in his February 7, 2014 decision in Zinter v. Zinter, upheld the balance of a prenuptial agreement. Those words had given the husband the unconscionable power to control whether earnings and other after-marriage acquired property would be placed into joint or indiviual … Continue Reading

Claimed Ignorance of C.S.S.A. Treatment of Income Over Cap Not Basis to Set Aside Divorce Settlement Agreement

Posted in Agreements and Stipulations, Attorney and Client, Child Support (C.S.S.A.), Settlement
The alleged failure of the mediator and the husband’s counsel to advise the husband that a court need not apply the C.S.S.A. formula to the husband’s entire agreed-upon income of $1,200,000.00 per year income is not a basis to set aside a divorce settlement agreement, or its $29,500.00 per month child support obligation. So held … Continue Reading

Is it Open Season on Prenuptial Agreements?

Posted in Agreements and Stipulations
In its February 20, 2013 decision in Cioffi-Petrakis v. Petrakis, the Second Department affirmed the decision of former Nassau County Supreme Court Justice Anthony J. Falanga which set aside the parties’ prenuptial agreement. Indeed, decisions over the past year indicate that there may be a pendulum swinging towards easing the burden on the party (generally, the … Continue Reading

Postnuptial Agreement Vacated for Overreaching 16 Years After Entry

Posted in Agreements and Stipulations
In its December 5, 2012 decision in Petracca v. Petracca, the Second Department affirmed the decision of Nassau County Supreme Court Justice Jeffrey S. Brown that set aside a postnuptial agreement due to the husband’s overreaching at the time of signing. Four months after the parties’ 1995 marriage, they entered into a postnuptial agreement. The agreement … Continue Reading