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Duress is Difficult to Prove

Prenuptial agreements are becoming increasingly common in New York. I have been preparing more and more as time goes on. Many people always ask me, will it hold up in Court? As long as the agreement complies with the laws of execution in New York, more and more litigants are finding that it is difficult to set aside agreements under New York State Divorce laws.

In the following case, a Judge in Nassau county set aside a prenuptial agreement, however, the appellate division overturned the judge’s ruling and held the agreement was valid.

66.8.4 – – – Weinstein

Weinstein v. Weinstein, 36 A.D.3d 797, 830 N.Y.S.2d 179 (Second Dept. 2007)(2007 WL 178279)(Jan. 23, 2007):

Supreme Court, Appellate Division, Second Department, New York.

Neil WEINSTEIN, appellant,
v.
Tina WEINSTEIN, respondent.

Jan. 23, 2007

REINALDO E. RIVERA, J.P., ROBERT A. SPOLZINO, DAVID S. RITTER, and DANIEL D. ANGIOLILLO, JJ.

In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Diamond, J.), entered September 16, 2005, as, after a hearing, denied that branch of his motion which was to dismiss the defendant wife’s third affirmative defense alleging that the parties’ prenuptial agreement was invalid.

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