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Postnuptial Pact Challenge Goes Forward

In the first case to interpret the latest amendment to a perplexing New York matrimonial statute, a state judge has ruled that a Long Island woman may challenge the validity of her postnuptial agreement 12 years after it was signed, notwithstanding the three-year statute of limitations. The statute of limitations began to run only when plaintiff Janine Petracca initiated the divorce proceedings earlier this year, ruled Supreme Court Justice Jeffrey S. Brown of Nassau County.

The decision seeks to clarify an issue muddled by confusing precedent and repeated amendments to the controlling statute, Domestic Relations Law ' 250. The most recent amendment states that, for all cases filed after July 2, 2007, and not invalidated by a court, the statute of limitations for challenging a nuptial agreement is tolled until either one party dies or process is served in a matrimonial action, Justice Brown ruled in Petracca v. Petracca, 201099-08. “Moreover,” he concluded, “the statute should not be extended by construction beyond its express terms or reasonable implication to its language.”

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