Legal Question in Family Law in New York

Cause to Nullify Seperation Agreement

My husband & I both agreed to and signed a Seperation Agreement 10 years ago. The attorneys offices said that they would hold on to it until we were ready to finalize it by having it submitted to the county clerks office/court. In that time we have maintained seperate residences. Within the past year tho, we did try to reconcile our marriage (still living apart) and realized within a short period of time that it wasn't going to work. What I would like to know is... by re-consumating our marriage, as brief as it was, would that or could that be grounds to nullify our pre-existing agreement???


Asked on 11/09/06, 5:08 pm

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Cause to Nullify Seperation Agreement

You would only have a problem if your spouse chose to challenge the agreement.

You must be in substantial compliance with the agreement which in my opinion you have been.

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Answered on 11/09/06, 8:51 pm
Seth Kaufman Kaufman PLLC

Re: Cause to Nullify Seperation Agreement

You need to provide more information, including the complete separation agreement itself, in order to get an accurate answer to your question. Feel free to call our office to discuss this with a qualified attorney.

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Answered on 11/10/06, 12:50 am


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