Statute of Limitation on Pre-Nuptial Agreements Tolled Until Divorce Action Commenced
Governor Spitzer signed into law, this week, a bill amending Domestic Relations Law §250, tolling the three year statute of limitations for commencing an action or asserting a defense that arises from a pre-nuptial or post nuptial agreement until service of process has been completed in a divorce action or until one of the parties dies. The law does not apply to separation agreements or agreements entered into during the matrimonial action.
What this means in plain English is that a party does not have to take any action to enforce or to declare void a marital agreement until an action for divorce or annulment is commenced.
This amendment makes sense. It would be impractical to require a party, during an intact marriage, to contest or change the terms of prenuptial agreement. Under the amended law, any dispute over the marital agreement would need to be asserted within three years of the commencement of a matrimonial action.
What this means in plain English is that a party does not have to take any action to enforce or to declare void a marital agreement until an action for divorce or annulment is commenced.
This amendment makes sense. It would be impractical to require a party, during an intact marriage, to contest or change the terms of prenuptial agreement. Under the amended law, any dispute over the marital agreement would need to be asserted within three years of the commencement of a matrimonial action.
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Comments (5)
Read through and enter the discussion by using the form at the endnina - September 9, 2007 8:49 PM
does this mean that there is a loophole concerning a prenup signed under the duress of pregnancy, during which time there was continued verbal abuse. If the couple then goes on to have three children and the abuse has continued throughout the tenure of the marriage can the abused spouse possibly be able to nullify the prenup?
Daniel Clement - September 9, 2007 10:00 PM
A defense to any marital agreement is that it was procured by fraud, coercion or duress.
Daniel Clement
Marie - September 11, 2007 11:20 AM
Hello, does anyone know how one goes about protecting their home prior to getting re-married in New York State? I need to just make sure that my home is never taken away from me if something were to happen down the road. I feel that this marriage will last till the day I die, but you never know.
Daniel Clement - September 12, 2007 1:13 AM
Marie:
a pre-nup could protect this asset
Peter - August 11, 2008 9:30 PM
I was wondering if anyone here knew how the pre-nup laws work in New Jersey, my fiancé and I both live in Seattle Washington but are getting married in New Jersey, are there any strange loop holes that would nullify the Pre-nup? Do I need to get the Pre-nup in New Jersey or can I just have it drawn here in Seattle?