Category Archives: Agreements

Providing for Grandparents in Visitation Arrangements

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…
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Getting a New York Prenup Thrown Out Can Be a Tall Order

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…
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7 Key Elements of Collaborative Divorce Participation Agreements

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.…
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Dog Divorce Tug of Wars: Preventable By a Pup-Nup

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…
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How Do New York Courts Handle Foreign Marital Agreements?

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,…
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How Do I Ask My Fiancee for a Pre-Nuptial Agreement?

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,…
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New York Pre-Nup Invalid: Flawed Acknowledgment Cannot Be Fixed

  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…
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New York Pre- Nuptial Agreement Upheld: How Would You Rule?

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…
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