A couple that was married for about 25 years and had three children were having marital problems. The husband E.C., thought his wife, L.C. was cheating on him. When he confronted her and suggested that they should seek help she moved into their basement and then a few weeks later she found a form online that she wanted her husband to sign. She gave the “separation and property settlement agreement to her husband,” and neither party had their attorneys review it. Also, neither party signed the agreement with their attorney present. The husband signed and notarized it, and it was then filed in court.

The agreement waived spousal and child support payments. They had a home and agreed to sell it and share the amount they received from the sales equally. When the parties signed this agreement they agreed that they would get a divorce once their child finished high school, which was in about two years. Once the son finished high school the couple continued with their divorce as planned; however, the wife wanted the agreement to be thrown out as she wanted spousal and child support. She argued that the agreement that they reached is no longer valid, was entered into based on “fraud” or was the “product of overreaching.”

The wife argued that the parties disregarded the agreement as they continued to live as husband and wife. However, the court held the opposite as she moved out of their bedroom and they stopped having meals together.  In addition, they “filed separate taxes” and “threw separate high school graduation parties for their son.” Moreover, the wife argued that it was “overreaching,” but the husband argued that she was the one who came up with the idea. Also, she claimed that this agreement would be changed later, but there was no proof of this.

As a result, the court held that the agreement was “valid and enforceable” as reported by the New York Law Journal in a September 12, 2013 news article. However, the court said that the child support provision is inapplicable.

Do not make the mistakes mentioned in an article. If you are filing for divorce or have a case in family court, then it is highly advised that you hire an attorney. Jayson Lutzky handles these types of cases, and, with 30 years of experience, he understands exactly what is necessary to get you the best result. Call 718-514-6619 to set up a free in person consultation or visit www.MyNewYorkCityLawyer.com for more information.