May 2008
For Whom the Pre-Nup TollsDoes the New DRL 250 Really Put an End to the Discussion?
By Lee Rosenberg
As the matrimonial bar knows, there has long been a dichotomy between the first and second appellate departments on the issue of prenuptial agreements and the tolling of the statute of limitations. This difference was supposed to be eliminated by the enactment of Domestic Relations Law (DRL) 250, which became effective as of July 3, 2007. A review of the statute on its face seems to make the issue crystal clear — the statute of limitations on prenuptial and postnuptial agreements is tolled during an intact marriage. A review of the session law, however, muddies those waters.
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