Legal Question in Family Law in New York

Post Nuptial Agreement

I consulted an attorney about a post nuptial agreement, one in which the terms were in regard to fidelity as opposed to monetary. The advice I received was that an agreement of this nature was difficult to enforce. I need to know if this a valid statement, as it would leave me with no other choice under those circumstances than to get a divorce so that a pre nuptial agreement could be drawn up, and get remarried. Please help!!


Asked on 10/10/04, 4:10 pm

3 Answers from Attorneys

richard feldman richard d. feldman

Re: Post Nuptial Agreement

While such an agreement may be difficult to enforce it can serve as a deterrent. You can call me at 516 466 5297 for a free consultation

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Answered on 10/11/04, 9:34 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Post Nuptial Agreement

A post nuptial agreement can encompass any legal subject. I cannot determine from your brief note what objectives you would like to reach through such an agreement. For example, in the event of a provable infidelity on the part of either party, the offending party may relinquish certain rights or the offending party must consent to a divorce and the terms of the divorce, in view of the infidelity, can be specified. Such agreements, however, are more complex than the prenuptial agreements and are generally more expensive (but certainly less expensive than a divorce). Our office charges $2200 for the first draft of the agreement and then $350 per hour to review same with the client and make any further changes. Our office frequently performs services for those who cannot travel to our office by making use of telephone contact, e-mail and Federal Express. Legal fees can be paid via credit card authorization. You can call our office at 212-267-7000 to make such arrangements. For general information on a variety of legal subjects, please go to www.VeneziaLawFirm.com

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Answered on 10/10/04, 8:54 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Post Nuptial Agreement

Yes, it is a valid statement.

In the US, a valid marriage "presumes" fidelity; and in the absence of fidelity, grounds exist for divorce, in all US states.

In addition, any paper purportedly "waiving" divorce grounds, or "establishing" [the]grounds for divorce, in advance, would be considered an "illusionary" ("make believe or not real") contract or agreement.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/11/04, 2:26 am


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