Legal Question in Family Law in New York
Prenups
I have heard that after 10 years of marrage the prenup won't hold up. I'm getting divorced after 21 years of marrage, I want to know if this is true. I need to know if I can now fight for a larger settlement.
3 Answers from Attorneys
Re: Prenups
While time of marriage is a factor to be considered in with the fairness of the prenup, there is no hard and fast rule that prenups are void after 10 years.
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Re: Prenups
Whether a particular prenuptial agreement will hold up or not is not particularly time dependent, but rather a function of the terms of the agreement and the way it was formed.
You should have the agreement reviewed carefully by a matrimonial attorney you trust, and fully discuss the circumstances under which you entered into the agreement with that attorney.
If you have further questions, please don't hestitate to ask.
Re: Prenups
Unless your agreement provided that will become without out effect after some period of time, the agreement is enforceable.
Daniel Clement
thedivorcereport.com
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