Over the hills and through the woods may be the poetic way to get to grandma’s house, but when one or both of a grandchild’s divorced parents don’t want their child to pay her a visit, is she out of luck? Not necessarily. The ripple effects of a divorce hit more than just parents and...
The richest man in the state of Illinois, billionaire hedge-fund manager Ken Griffin, recently settled his high-profile and highly contentious divorce case. The settlement with wife Anne Dias Griffin was announced the day after a trial was supposed to begin on the validity and enforceability of their prenuptial agreement. Anne was trying to avoid the...
Collaborative divorce is all about trying to reach comprehensive out-of-court agreement on all the issues incident to a divorce. But before soon-to-be former spouses can collaborate, they have to agree to try to agree in the first place. Entering into a collaborative divorce participation agreement is a key foundational element in the collaborative divorce process....
With growing frequency, couples are fighting for custody of their cats and dogs when they divorce. Like all litigated matters, a pet custody case can be expensive and contentious. Recent New York courts have ruled that pet custody divorce disputes are treated differently than other divorce disputes. Unlike a child custody fight which is resolved...
With people moving internationally, New York divorce courts are with greater frequency asked to enforce pre and post nuptial agreements entered into by non-American citizens now living in New York. Invariably, questions about what laws apply and enforceability of the agreements arise. While there is a strong presumption in New York that signed marital agreements,...
Imagine, before you are married you could contract to prevent your spouse from broadcasting negative pictures, details about your breakup and updates about you after divorce? Fox News reports that there is a trend to add a “social media” provision to pre-nuptial agreements. In this clause both parties agree not to post, tweet or...
Congratulations, you just got engaged. You and your fiancée are on cloud nine, Nothing could be better. Now you have garner the strength to utter the most unromantic words –”I want a pre-nuptial agreement.” How do you do it? Given the high divorce rate, a pre nuptial agreement offers a hedge against the unfortunate,...
Details matter! In New York, if a prenuptial agreement is not properly signed and acknowledged, it will not be enforced. Unfortunately, you generally do not learn that your pre-nuptial agreement is not enforceable until years later – long after the honeymoon period is over, when divorce is contemplated and the word “reasonable” is not...
New York divorce courts will uphold unambiguous terms of a pre-nuptial agreement even if enforcing the agreement seems harsh. How would you decide this case if you were the judge? (I will try and hide the genders of the parties so you can impartially rule.) In a recent case, decided by a New York Appellate...
I did not recall a New York divorce case garnering so much discussion as the one I wrote about last week. In Cioffi-Petrakis v. Petrakis, the Appellate Division invalidated a pre-nuptial agreement because it found that the wife was coerced into signing the pre nup as a result of the husband’s misrepresentations, which were, of...
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