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Decline to Sign or That Prenup is Valid, Honey

In DiPietro v. Vatsky, 177 A.D.3d 401 (2019), the Supreme Court of New York County held that Defendant husband’s efforts to meet his “very high burden” for challenging the parties’ prenuptial agreement failed. Both parties educated and savvy professionals were each represented by independent counsel, and entered into the prenuptial agreement after a period of negotiations several months before the marriage.

Plaintiff adequately disclosed her finances. In any event, plaintiff’s alleged failure to disclose does not provide a ground to set aside the prenuptial agreement, particularly, here, where defendant proceeded with prenup despite his claim that plaintiff withheld financial documents.

Prenup which included joint waivers of maintenance, the right to equitable distribution, and the right to election, was not so “manifestly unfair” as to warrant equity’s intervention. Defendant proceeded to execute the prenuptial agreement over his attorney’s objection. Thus, even if, in retrospect, a specific provision was one-sided, it does not provide a ground to vitiate the prenuptial agreement.DiPietro v. Vatsky, 177 A.D.3d 401 (2019)

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Rubinstein Law Firm

The Rubinstein Law Firm proudly serves all of New York for divorce and other state matters and the whole country on intellectual property related matters.


  • What grounds do I need to file for divorce?
    • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
  • Do I file a contested divorce or an uncontested divorce?
    • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
  • How much does the divorce process cost?
    • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
  • How long before I am officially divorced?
    • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

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