• Home
  • Our Firm
  • Attorney Profiles
  • New York Divorce
  • FAQs
  • Testimonials
  • Publications
  • Legal Blog
  • Coping Tips
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
Samuelson, Hause & Samuelson, LLP

A more civilized approach to divorce. TM

Call Today! 516.584.4685
300 Garden City Plaza| Suite 444 Garden City, NY 11530

Servicing Nassau, Suffolk, Queens, Manhattan & Brooklyn

Blog 2013 March Post Nuptial Agreement Set Aside
Previous Post  |  Next Post

Post Nuptial Agreement Set Aside

Posted By Elliot Samuelson || 27-Mar-2013

A recent case in New York, Petrakis v. Petrakis, permitted a prenuptial agreement to be set aside on the basis of the husband's fraud in failing to abide by his promise to destroy the agreement in the event the parties had children. At first acknowledging that courts are in favor of sustaining the agreement of parties, they then went on to advise that the law granted exceptions that include fraud, duress, or other inequitable conduct. It held that although there were different versions of the facts by the couple, the lower court believed the wife's testimony, and the appellate division sustained the lower court because they said that the husband was unbelievable.

The court observed that it is deeply concerned with marriage and takes a supervisory role in matrimonial proceedings. It also commented that marital agreements are subjected to far greater scrutiny beyond that afforded to commercial contracts in general. It then noted that the heavy presumption that a written agreement normally manifests the true intention of the parties, this rule must yield to a case involving fraud, duress or other unlawful conduct.

It then concluded that where there was disputed testimony, due regard of the findings of the trial judge must prevail since he was in the position to assess the evidence and the credibility of witnesses. It also observed the husband's "patent evasiveness" to support its conclusion that the prenuptial agreement must be set aside.

This case may in fact be a landmark decision. It seems to establish the principal that where the facts justified the result, equity will intervene to right any wrong.

Categories: Change in Divorce Law, Prenuptial Agreements

Share Post

Contact our Long Island divorce attorneys today!

The best way to protect your future is to take action now.

Our lawyers are ready to discuss your case in full detail and confidence.

Send My Message

Long Island Divorce

How Can We Help You?

  • Spousal Maintenance (Alimony)
  • Business Asset Division
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Complex High Net Worth Cases
  • Contested Divorce
  • Debt Division
  • Divorce Mediation
  • Domestic Violence
  • Equitable Distribution
  • Fathers’ Rights
  • Grandparents' Rights
  • Legal Separation
  • Modifications
  • Reported Appellate Cases Argued Successfully
  • Mothers' Rights
  • Orders of Protection
  • Parental Alienation
  • Prenuptial Agreements
  • Relocation
  • Same Sex Couples Issues
  • Uncontested Divorces
  • Visitation
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Samuelson, Hause & Samuelson, LLP

Call us today. (516) 584-4685

Samuelson, Hause & Samuelson, LLP -Long Island Divorce Attorney
300 Garden City Plaza, Suite 444, Garden City, NY 11530 View Map
Phone (516) 584-4685
Local (516) 294-6666
Website: https://www.samuelsonhause.net/
© 2019 All Rights Reserved.
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.