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Attorney Ken Eiges Represents Bode Miller's Former Girlfriend in Bi-Coastal Custody Battle

Eiges & Eiges PC — Wed, 15 May 2013 17:39:00 GMT

Represented by Attorney Ken Eiges, Bode Miller's ex-girlfriend will fight for custody of her 3-month-old son with the Olympic skier. According to news sources, Miller wanted to conduct the custody battle in California, instead of New York, where the child and his mother currently live. The skier's attorney said that "New York is an inconvenient forum." Miller married his current spouse while his ex-girlfriend was pregnant with their son. Allegedly, the athlete pleaded for an abortion when he found out about the pregnancy. Now, Miller wants to fight for parental rights.

"If you look at the [text messages] from Bode Miller to my client, he wanted nothing to do with the baby," Attorney Eiges said. One message from Miller read: Why did you do this to me? Miller and the child's mother met through a high-profile matchmaking service last year. After dating for three months, the client admitted that the relationship was a "match made in hell." According to Miller, the mother moved to New York because of the state's generous child custody laws, which would allow the child to receive support from Miller until he turned 21.

California family law only allows children to receive child support until their 18^th birthday. "Why did she make a very precipitous decision to apply to a college 3,000 miles away?" questioned Miller's attorney, "It's no secret New York does not have a presumption as California does of joint custody." In response, Attorney Ken Eiges explained that the child's mother moved to New York to attend school. "Where my client wants to go to college is in New York. It's her right," he said. A judge is expected to determine which state will host the custody dispute by the end of May.

UCCJEA, Full Faith and Credit and DOMA

Eiges & Eiges PC — Wed, 01 May 2013 22:07:00 GMT

The Full Faith and Credit Clause in Article IV of the United States Constitution is invoked primarily to enforce judgments. The clause states "Full Faith and Credit shall be given in each State to the public act, Record, and judicial Proceeding of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, records and Proceeding shall be proved and the Effect thereof". When a judgment is rendered by a court that has jurisdiction over the parties, the judgment must have the same legal effect in other states as well.

The Uniform Child Custody Jurisdiction Enforcement Act ("UCCJEA") says that jurisdiction for child custody cases is determined by the child's "home state" - the state where the child has lived for the past six, consecutive months. Every state in the United States has adopted the UCCJEA except for Massachusetts. The voluntary adoption of the UCCJEA by 49 states recognized Article IV of the Constitution but set out the procedures by which a state would make the Initial custody determination for the child.

Prior to the UCCJEA and its predecessor "UCCJA", the first party to file a lawsuit would determine the state in which the case would proceed. One state had to recognize the judgment of another state under Article IV. This led to forum shopping and unfair resolutions of custody matters. Instead of Congress suspending Article IV of the constitution by allowing states to ignore unjust results in custody matters, they put forth a set of regulations which could be adopted by the states. The UCCJEA set forth the procedures each state has to follow in custody proceedings. It created subject- matter jurisdiction over the child, i.e. jurisdiction is based on the relationship between the child and the state, not the parent and the state.

After the court makes a child custody determination, it has continuing jurisdiction over the case, with the exception of two circumstances. First, the state will no longer have jurisdiction over the case if the child or his parents is no longer connected with the state. Secondly, the state will lose jurisdiction if another court determines that the child and his/her parent does not live in the original state anymore.

Contrast the UCCJEA to "The Defense of Marriage Act (DOMA)" which created a full faith exemption for state recognition of same-sex marriage. The federal government suspended Article IV of the Constitution i.e. states which did not recognize same sex marriage did not have to give Full Faith & Credit to a state which did recognize same sex marriage. A reading of DOMA suggests that a sister state will enforce a valid custody or child support order even if that sister state does not recognize the legality of a civil union. But will that state accept jurisdiction on a petition to establish or challenge custody under the "UCCJEA ". Hopefully that issue will be rendered moot shortly by the U.S. Supreme Court.

Residence & Domicile in NY Divorce Law

Eiges & Eiges PC — Tue, 30 Apr 2013 16:55:00 GMT

According to New York Domestic Relations Law § 230, the terms "domicile" and "residence" are synonymous. Further, the residency requirements needed to file a divorce in New York are not satisfied by the bodily presence of parties within a State. In addition to a physical presence, there must be an intention to make New York one's permanent home. Intent can be demonstrated with a lease, tax return, New York car registration, or electricity bill.

Once the plaintiff establishes residency, the court assumes that he/she intends to continue living at the resident. If one party believes that the other intends to change residences, he/she holds the burden of proof. The term "domicile" refers to the party's subjective intent; whereas residency qualifications are determined by his/her actual, physical location. In other words: the person in question must physically dwell in the applicable state for a certain amount of timed before he/she is considered a resident of the state.

We recently represented a client whose husband claimed that he was a resident of New Jersey after we served him with a summons in New York. The address he gave in New Jersey was an address, which after investigation, turned out to be a Post Office Box. He also submitted a New Jersey Driver's license with the same Post Office Box and presented the Post Office Box number as an apartment number.

In an affidavit he admitted to living in New York five years earlier. Our office argued that the husband had not established residency in New Jersey by using a Post Office Box. In order to establish residency (the intention to live in New Jersey), he would have to provide a lease, deed, electric bills, etc. - items that show his intention to actually live in New Jersey. This case is presently in front of a judge, waiting for a decision.

Child Custody and the Hague Convention

Eiges & Eiges PC — Thu, 28 Mar 2013 19:22:00 GMT

The Hague Convention on the Civil Aspects of International Child Abduction (The Hague Abduction Convention) was a conference that occurred more than 20 years ago in The Netherlands. The convention discussed international child abduction, was concluded in 1980, and became effective in 1983. The conference was held to prevent parents from removing their children from their "home states" to seek an alternative child custody agreement in a foreign court. Click here to read more about the Hague Abduction Convention.

The Hague Conference and Your Custody Agreement

If you are currently going through a child custody proceeding where you believe your spouse may move abroad, there are some specific provisions that should be added to the child custody agreement. First, it is important to have a provision that makes the Hague Convention applicable if one spouse removes the child or children to an international jurisdiction. Second, once the Hague Convention applies, it is important to designate where the "home state" residence of the child or children is, especially if the parents are not residing in the same state. Therefore, you should include a clause that designates New York as the child(rens)'s home state. Finally, and most importantly, if you do not act quickly after the child(ren) are removed from New York to file a petition, a court may decide that you sat on your rights for too long and allow the child and other parent to remain in the international jurisdiction.

For Legal Assistance, Contact Us Today

If you are facing a complicated legal issue related to child custody, our New York child custody attorneys can help. With more than 75 years of legal experience, we have the skill to help you obtain the fair custody agreement you and your child deserve. If you suspect that your child may be wrongfully removed from his/her home in New York, contact us as soon as possible. With the right lawyer on your side, you can rest assured that your custody agreement is in good hands.

A Closer Look at Eiges & Eiges PC

Eiges & Eiges — Fri, 25 Jan 2013 19:16:00 GMT

When you are considering divorce, you need a devoted and knowledgeable lawyer on your side. This is a highly emotional and difficult process, and you will want a supporter and helpful, caring attorney there to walk you through the legal aspects of this process. Whether you have been considering divorce for a long time, you are just starting to work through the process, you have been divorced and you are now trying to work through post-divorce issues, you want someone there to guide you.

When it comes to hiring a divorce attorney, experience is one of the most important characteristics you should look for. With over 75 years of combined experience, the lawyers at Eiges & Eiges understand what it takes to represent a client effectively. They want every client to feel cared for and appreciated. If you want to read about client experiences with Eiges & Eiges, then you can check out their client testimonials on their website. Clients have described attorneys at this firm as attentive and responsive, honest and ethical and caring. Clients also write that the fees and expenses for a lawyer at Eiges & Eiges are very reasonable.

At Eiges & Eiges, you can get help with any child custody battles that you are fighting, and can obtain an advocate when you want to enforce your father’s rights, grandparent’s rights, or mother’s rights. The firm also litigates in spousal support matters and can help you to work through any same sex marriage issues that you may come across here in New York. As well, the firm can aid in any modifications of divorce agreements. If you need help creating a prenuptial agreement, or you need assistance in negotiating child support then this firm can help. As well, if you want to make sure that court orders are enforced or want your spouse to recover your attorney’s fees then the lawyers at Eiges & Eiges are here to help. Whether you need a mediator as ordered by the hour or you want to go to court and obtain a legal separation, the attorneys at this firm are here to help. There are two main attorneys at Eiges & Eiges that you can work with when you come to the firm. The first is Kenneth Eiges, and the second is Scott I. Orgel.

No matter which attorney you work with, you can be sure that the lawyers at this firm will uphold their promise to all clients. They vow that they will help you to navigate throughout your divorce and use their cumulative 75 years of knowledge to your advantage. They will offer responsive and high-quality representation to anyone in need and will do so at an affordable cost so that you don’t have to wonder if you will be able to afford the representation that is so important to you. Eiges & Eiges is focused on handling difficult issues and is proud of the fact that they can sort through the most intricate and complex cases. At the firm, you can be sure that your case will be handled in confidentiality, so you won’t need to worry about having your information leaked.

You can learn more about Eiges & Eiges by visiting the firm’s profile at FindAFamilyAttorney.com, and by checking the firm out on Insider Pages. You can also read about the firm on Kudzu, Lawyer Central, Merchant Circle, and Yelp. Check them out on Yahoo Local or visit their social media sites if you want to explore further. Eiges & Eiges maintains a Google+ page or you can find them on Facebook. Eiges & Eiges has been honored by a variety of organizations because they have been recognized for their impressive and hardworking attorneys. On Avvo, Kenneth Eiges has a 9.3 “Superb” rating. This means that he has displayed excellence in the legal field and others have attested to his experience and his professional conduct. He is also well-liked within the legal field. Because of his awards, accomplishments, experience and client satisfaction ratings, Avvo granted him this very high rating.

Attorney Eiges speaks both Spanish and English and he is described on his Avvo as a great divorce lawyer who brings about successful and satisfactory results. He has been endorsed by other lawyers, which you can read about by clicking here. Kenneth Eiges has been practicing law for 37 years and is registered by the New York State Bar. He funded Eiges & Eiges, PC in 1985 and has been working at the firm ever since. He obtained his Juris Doctor from Brooklyn Law School, so he has the advantage of studying in the same city where he now works. As well, he has been certified as a divorce mediator by The New York Mediation Group. He also has a degree in Child Advocacy by the National Institute of Trial Advocacy. This allows him to argue on behalf of a minor in court should the need arise.

Attorney Eiges is AV® Rated by Martindale-Hubbell®. This is the highest possible honor that an attorney can receive from this attorney-review organization. Those that receive this honor have to display an impressive amount of knowledge in their field, have an excellent reputation, and pass a series of intensive evaluations. This attorney was also honored by LexisNexis Martindale-Hubbell® with an award for serving the community in New York for 35 consistent years. He received this award in 2012. Because his knowledge is honored and appreciated, he has been published in a variety of pamphlets and magazines. He has written short articles on divorce and separation. He has also been asked to speak at the Christmas Event on Channel 12 in New York and has hosted a radio show and discussed divorce.

Accompanying Attorney Eiges at the firm is Attorney Orgel. This hardworking lawyer has a 7.8 rating on Avvo which is considered “Very Good.” He has a Juris Doctor degree from Fordham University School of Law and is a member of the American Bar Association. He is also a member of the Association of Trial Lawyers of America, the Morris County Bar Association, the New York State Bar Association, and the Essex County Bar Association. If you are interested in working with this firm, then you can contact them for a case evaluation. You can explain your situation and the services that you are seeking, and an associate at the firm will get back to you shortly with information.

After taking on over 3,000 cases, you can be sure that the lawyers at this firm are dedicated to your case and understand what you are going through. They won’t put your case into a mold because they know that each individual is unique. Yet they will be able to use the experience from other cases to further enhance your own. You can contact the firm by calling them toll-free at (888) 372-9141. The firm has offices in Manhattan, Queens & Brooklyn which you can check out if you need more information about the firm. Their main office is located at 225 Broadway #1607 New York, NY 10007. Make sure to call, e-mail, or visit the office if you want any more information about divorce or family law matters!

Changing an Infant's Surname-Use the Best Interest of the Child Standard

Ken Eiges — Wed, 23 Jan 2013 03:25:00 GMT

Civil Rights Law §63, allows an infant's name to be changed if there is no reasonable objection to the proposed name and that the change will substantially promote the best interest of the child. When deciding if a noncustodial parent's objection to the name change is reasonable a court will ask if the parent's concerns have to do with the best interest of the child or for some other reason such as punishing the other parent.

When considering what is the child's best interest courts will look to the totality of the circumstances. Courts will balance a series of factors to decide if a proposed name change is in the best interest of the child. The most important factors are:

(1) how much the child identifies or uses a particular surname;
(2) if the child, based on their age and maturity, has a preference for a surname and can explain that preference;
(3) if the child's surname differs from the surname of the custodial parent;
(4) whether the change in surname will effect the child's relationship;
(5) whether the child's surname is different from any of his or her siblings and how close he or she is with those siblings;
(6) whether the child is known in the community by a certain surname;
(7) any misconduct of a parent, such as failure to support the child; and
(8) whether the child will face any undue hardship, harassment or embarrassment by bearing the current or proposed surname.

If the proposed change is simply just to hyphenate the child's surname to include both parents' last names courts will conclude that the change promotes the child's best interests because it allows the child to identify and associate him or herself with both the custodial and noncustodial parent. It appears that New York Courts will not always rule that the change is in the best interest of the child if the change is more than mere hyphenation, but changing the child's surname to either the custodial parent's surname or something else.

Relocation of a Child by a Custodial Parent

Ken Eiges — Thu, 17 Jan 2013 18:15:00 GMT

In New York, when courts decide family issues concerning children, they will turn to the "Best Interest of the Child" Standard. In deciding whether to grant a custodial parent's request to relocate with their child(ren), New York Courts will balance several factors in deciding if the relocation will be in the best interest of the child(ren).

The leading case, Tropea v. Tropea, 81 N.Y. 2d 727 (1996), lays out the main factors that courts should take into account when such requests are made, including but not limited to:

(1) the reasons each parent has for either seeking or opposing the move;
(2) the type of relationship the child has with both the custodial and noncustodial parent;
(3) the impact that the move will have on the child's future contact with the noncustodial parent;
(4) the degree to which the custodial; parent's and child's life will be enhanced by the move, including economically, emotionally and educationally;
(5) the ability to preserve the relationship between the noncustodial parent and child through visitation.

The Court will utilize these factors along with any other information that the Court finds important in making a decision whether the children may be allowed to relocate.

Four Reasons to get a Prenuptial Agreement

Eiges & Eiges, PC — Fri, 11 Jan 2013 00:05:00 GMT

Many couples are reticent to talk about prenuptial agreements. However, divorce is a prevalent reality in the United States and talking to your partner about prenuptial agreements is a simple way to build openness and honesty in your relationship. Here are four common reasons that couples establish prenuptial agreements:

This isn't your first marriage. If you are remarrying, you probably have a significant number of financial obligations. For example, you may have alimony or child support obligations from your previous marriage. A prenuptial agreement allows you to keep your new spouse free from any obligations associated with your previous marriage.
Your spouse has accumulated a large amount of debt. If your soon-to-be spouse has collected a large amount of debt, it is important to make sure that your marriage does not leave you with outstanding financial obligations. In the event of a divorce, you could be left dealing with some of your spouse's debt. A prenuptial agreement allows you to remain debt-free.
You are significantly wealthier than your future spouse. If you have more financial assets than your future spouse, a prenuptial agreement ensures that (in the event of a divorce) your financial assets will be protected. Additionally, a prenuptial agreement guarantees that your partner loves you for yourself - not your money.
You have significantly less money than your future spouse. Prenuptial agreements can protect the poorer spouse, too. In the event of a divorce, a prenuptial agreement can address issues like spousal support to guarantee that you are financially protected.

If you have questions about prenuptial agreements, talk to a New York divorce attorney from Eiges & Eiges PC. We are wholeheartedly dedicated to helping families and individuals navigate the complex legal issues surrounding marriage, divorces and other family law matters. Contact us today to see what a NYC divorce attorney can do for you.

How Much Will My Divorce Cost?

Eiges & Eiges, PC — Thu, 03 Jan 2013 20:00:00 GMT

Are you facing a divorce? One of the first questions you might ask yourself is "How much will my divorce cost?" Unfortunately, divorces don't come with set-value price tags. In fact, the cost of your divorce will be determined by a multitude of factors – many of which are unique to your personal circumstances. First, the level of conflict surrounding your divorce proceedings will influence the cost. Generally speaking, collaborative divorces are less expensive than adversarial separations. The more issues (such as child support, alimony and property division) that you and your spouse are able to agree on, the less money you will have to spend resolving them in court.

Your children may influence the cost of your separation, too – especially if you and your spouse enter a custody dispute. Often, child custody disputes necessitate psychiatric evaluations, assistance from mental health professionals and testimony from expert witnesses. These additives can be pricey. Additionally, the number of marital assets/debts that you and your spouse have to divide will impact the price of your separation. If you have a large amount of property to divide, you may want to consider hiring a certified divorce financial analyst.

Finally, the cost of your divorce will be determined by your attorney's fees. Hiring a divorce attorney can be invaluable. However, you may feel like a divorce lawyer is just another divorce-related expense on top of an already-complicated divorce process. In reality, an attorney can help make sure that your rights, children and financial assets are protected during the divorce process. A skilled lawyer can help you understand your legal circumstances, rights and options so that you receive the fair child custody agreements and asset division settlement that you need. Contact a New York divorce lawyer from Eiges & Eiges PC to see what skilled legal professional can do for your case.

Divorce: Are you financially ready?

Eiges & Eiges, PC — Thu, 27 Dec 2012 22:48:00 GMT

Divorce can be complicated – that's why you need to be prepared. Before you start the tedious legal proceedings surrounding the termination of your marriage, make sure that you are financially ready. Every divorce is different, but there are a few easy steps that you can take towards financial security during the divorce process. First, make copies of any financial paperwork that might be relevant to your separation. During many marriages, one spouse is responsible for finances and the other is responsible for home upkeep. If you are unfamiliar with your family finances, it is imperative that you begin accumulate and make copies of relevant financial documents. This includes credit card statements, retirement account statements, loan applications, tax returns (for the last three to five years), W-2 forms, mortgage statements, credit reports, etc. Stay informed and make sure that you understand your household incomes, debts and financial assets.

Secondly, begin saving money. Divorce can be expensive – especially if your case actually goes to court. Specifically, begin to accumulate cash savings. During the divorce process, you may need to enlist the help of mental help professional, financial analyst and divorce attorney. However, these professionals cannot help you unless you are able to pay them. As you save, begin thinking about the type of divorce you will face. If you anticipate a volatile divorce, your case may go to court. If you and your spouse agree on many of the key issues related to your separation, you may be able to save money through a courtroom alternative, such as mediation. To learn more about divorce, contact a New York divorce attorney from our firm today. With a legal professional from our firm on your side, you can have peace of mind knowing that your case is in good hands.

Serving a Summons for Divorce

Ken Eiges — Fri, 28 Sep 2012 22:05:00 GMT

In order to commence a divorce proceeding against your spouse only personal service is permitted. This means that the summons for divorce must be given to your spouse directly. The summons for divorce must be served by a person over the age of 18 and authorized under the state or country to make service of process. One could hire a licensed process server, have someone who knows your spouse give the summons to the spouse or you can go with someone and identify your spouse. In order to prove that the person served was the defendant (your spouse), the process server is often supplied with a photograph of the defendant. If your spouse consents in writing that the summons for divorce was received, that would be sufficient as proper service whether it is done in this state, another state or a foreign country. All affidavits of service must be notarized.

Service outside of New York must be made in the same manner as it would be within New York. In general one would hire a licensed process server or one could use anyone authorized to serve the summons in the state in which it is served. In general it is wise to contact the Sheriff in the county in which your spouse lives to effectuate service.

Service made outside of the United States must be made by a person who is authorized to serve a summons inside the country in which the summons is being served and that person must sign an affidavit of service in front of the American Consul. One could use a resident from New York who is going to the country where service is going to be made. That person should make a copy of the entry stamp to the country where service is going to be made and the entry stamp when that person returns to the United States. This will prove that this person was actually in the country where service was made on your spouse.

If you do not know where your spouse is located the court will allow alternate means of service. Before the court will allow alternate service you must show that due diligence was made to find your spouse.

In order to show due diligence one should do the following:

1. Contact the Department of the Army, Navy, Air Force, Coast Guard and Marines. Send a written request to each branch of the United States Armed Forces asking if your spouse ias an active member. Give your spouse's full name ant date of birth.
2. Go to www.nydmv.state.ny.us/forms/mv15pdf and print out and then fill in the form. Mail it to the address listed on the form.
3. Make a request to the United States Post Office and request your spouse's change of address. Your request should be sent to the Postmaster of the last known address of your spouse.
4. Search the local telephone directory
5. Request the voter registration information from the Board of Elections in the county where you live and request the voter registration information they may have for your spouse including the address at which your spouse registered. One can ask for a five-borough search if one live in New York City. Write to the Manhattan Board of Elections and ask for this type of search.

After the above is completed an alternate means of service may be requested from the judge. This service must be designed to give your spouse notice that a divorce proceed is being commenced. Service could be ordered to a relative of your spouse, the place of employment of your spouse but most often the court will ask you to publish notice in a newspaper.

The notice of the matrimonial action must be published in one newspaper in the English language, designated in the order as most likely to give notice to the person to be served, at least once in each of three successive weeks.

Choosing a Lawyer from the Web

New York Divorce Attorney — Mon, 25 Jun 2012 21:28:00 GMT

An attorney referred by a friend may not be the best option for you. You might not like the attorney's manner, the attorney's approach to the case or that attorney's fee might be too high. Generally, that is when people turn to the internet to find a more suitable attorney to represent him or her in their matrimonial or family law matter. When using one of the major search engines on the internet, a person in New York City might search for "NYC Divorce Attorney".

The next step is to look at different attorneys' websites. You should look to see what ratings that attorney has received from the various attorney ratings groups such as Avvo, LexisNexis, Martindale-Hubble as well as other lesser known legal rating organizations. You should also look at the years of experience of each attorney, which often has a direct correlation to the hourly fee of the attorney, and maybe even take note of the quality of the website.

Next, you should contact a few attorneys either by telephone or email. How fast can you get the attorney on the phone or does the attorney respond to your email? If you're a new client and can't get the attorney on the phone imagine how hard it would be if you were a client. How does the attorney relate to you on the phone? Does the attorney listen to your problem, seem knowledgeable, or give you enough time to discuss the problem you are having? You should be able to connect with and feel comfortable with the attorney on the phone. If not, then that attorney might not be the appropriate attorney to represent you.

Another way to choose an attorney is to go to a website that has multiple attorney listings. Once at the appropriate website, perform a specific search (e.g. divorce, prenuptial, custody, child support, etc.) Be sure to include the location where you live or are searching for an appropriate attorney. The website should generate a list of appropriate attorneys given your designated criteria making it very easy to compare different attorneys. Often, the websites show client ratings, websites, photos and peer endorsements. Lawyers.com, Avvo.com, Martindale.com and Nolo.com are just a few of the websites that have these types of listings. Some of these websites even allow someone to post a question about your case so you can receive different answers from the attorneys that utilize the sites.

Equitable Distribution - Separate Property and Marital Property

New York Divorce Attorney — Thu, 24 May 2012 15:01:00 GMT

Any property acquired during the marriage (from the date of marriage to the date of commencement of the divorce action) by either spouse or both may be subject to equitable distribution regardless of whose name may be on the asset. However, certain assets can be protected as separate property. These include property acquired by one party prior to the marriage, gifts, inheritances, compensation for personal injury and property acquired in exchange for or the increase in value of separate property. Property that may have once been considered separate property may become marital property if it is comingled with marital property or if it is put into the name of the other spouse. Ultimately, the burden to prove that any property is separate property rests on the spouse claiming that such asset is separate property rather than marital property. As a general rule, to help protect separate property and attempt to keep it separate, ensure that the asset is always titled to you and is not mixed with any property that may belong, even partially, to your spouse or anybody else.

Prenuptial Agreements are also called Premarital Agreements

New York Divorce Attorney — Tue, 08 May 2012 21:08:00 GMT

A Prenuptial Agreement is also known as a premarital agreement. It is a contract entered into between two people prior to their marriage for the purpose of determining the financial concerns of two people in the event that their marriage does not work out and comes to an end. While the content of a prenuptial agreement often varies significantly, most prenuptial agreements provide for the division of property (equitable distribution) and spousal support (maintenance or alimony). The prenuptial agreement can be a very useful tool towards limiting the financial risks that one spouse may incur if he or she were to get married. The document is also used to limit a person's responsibilities in the event that one party to a marriage predeceases the other, by waiving their individual rights to the right of election (taking their share of the decedent's estate which is left by Will or allowed by statute).

In Order to be enforceable in New York State, a prenuptial agreement must be in writing, executed by both parties in the manner required for a deed to be signed. It must be entered into voluntarily, with full disclosure of the parties' current assets at the time and it cannot be unconscionable.

The threat of one party to refuse to marry the other person if they do not sign the prenuptial agreement is not considered duress and does not alter the voluntary aspect of entering into the agreement.

Reformation of an Agreement of Equitable Distribution is Not Easy

New York Divorce Attorney — Thu, 03 May 2012 18:27:00 GMT

An Agreement involving Equitable Distribution may not be changed (reformed) simply because one party's investments went south. A recent case before the Court of Appeals has determined that the husband, who agreed to pay a specific amount of money to his wife, was bound by the language of the Agreement regardless that his stock portfolio (invested in a Madoff account) was not worth the amount of money that the husband thought at the time of entering into the Agreement. The Agreement did not mention the Madoff account or any other funds from which the Husband was to pay his Wife; it simply stated a specific amount of money to be paid. Thus, this teaches us that it is often better to divide specific financial accounts rather than provide a payment of a specified sum of money in Equitable Distribution.

Imkin v. Blan, ...N.Y.3d..., ...N.Y.S.2d ..., 2012 WL 1080295 (April 3, 2012).