When Does a New York Prenuptial Agreement Become Effective?

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When does a New York prenuptial agreement become fully effective? In these recent New York cases, the Courts make it clear.

In Fort v. Haar, 2022 NY Slip Op 66449 [1st Dept. 2022], despite the fact that the couple’s prenuptial agreement indicated that it became effective on ‘consummation’ of the marriage, the New York Appellate Division, First Department Court concluded that the marriage was effective upon a valid ceremonial marriage not ‘sexual relations.’

In JAYARAM v. JAYARAM, 2021 NY Slip Op 71280 [1st Dept. 2021], a Hindu couple participated in a marriage ceremony before a Hindu priest months before they obtained a New York Marriage license and held a New York civil ceremony. The New York Appellate Division, First Department Court, held that the parties’ marriage date was when they participated in their Hindu marriage ceremony.

If you are interested in a prenuptial agreement or other marital agreement contact Diana Mohyi Attorney at Law for a consultation.

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

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