Monday, July 16, 2007
Pre-Nuptial Agreements: New York Tolls the Statute of Limitations
New York legislature has passed a law that clears up what had been an enormous problem concerning the enforcement of prenuptial agreements in . New Section 250 of the Domestic Relations Law now provides that the three year statute of limitations for commencing an action or asserting a defense that arises from a pre-nuptial or post nuptial agreement is tolled until service of process has been completed in a divorce action or until one of the parties dies. In other words, a party does not have to take any steps to dispute a prenuptial or postnuptial agreement until a divorce or annulment case has been commenced – and even then has three years within which to assert it. (Of course, a litigant should not wait that long but should assert the defense once the case is commenced).