New York appeals court finally makes a decision regarding defected prenuptial agreements, as reported in a June 19th, 2012 New York Law Journal article.
Over the years the New York courts have seen much debate on how to handle prenuptials that are found to not be binding over a small error. Until recently, the appeals court had chosen not to address the matter and lower courts were divided. However, a Rochester appeals court decided to address the situation.
The court ruled in a 3 to 2 decision that a prenuptial agreement that was not properly acknowledged, could be saved by a party by filing an affidavit in support of upholding the agreement. The court stated that the affidavit might not completely cure a defective prenuptial agreement but it could offer evidence that there was intent for one to be in effect.
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