Call 914-368-7580 now to schedule a 20-minute Case Assessment or full 50-minute Case Strategy Consultation!
Call Today 914-368-7580

How do I get the recent post-nuptial agreement I signed disqualified?

Q: I agreed to dismiss the divorce action I commenced if we entered into a post-nuptial agreement. We both made full disclosure of finances and had full and separate legal representation. The agreement was very fair. In exchange for some concessions on my part, my spouse agreed to have incomes and retirements separate as of the date I filed for divorce (because that would be the date the court would likely use if we proceeded to divorce). I am the higher earner. We also agreed to contribute to the household, including college for the kids, in accordance with our incomes (me contributing more). Problem is two months after signing the postnuptial agreement; I realized that my lawyer left off the filing date in the retirement clause, which means in the event we divorce, my spouse would be entitled to his Majauskas share of my retirement up to the new filing date. I asked my spouse if he would be willing to have the agreement corrected to state the original filing date. He said no. Do I have any recourse? If I file again, will the original filing date be used? or the new filing date? I don't really want to file again, but don't want him to be entitled to half after that date.

A: David's Answer: What you can do depends on a review of the agreement - if there's a blank line where the proper date was supposed to be filled in, then you can argue to a Judge hat a proposed correction is a mere "ministerial act." Otherwise, as a binding contract, the only way to change an agreement like that is if the other side agrees. Schedule a consult with a White Plains Divorce attorney for a full assessment.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
445 Hamilton Avenue
Suite 607
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3174 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions