New York Divorce Law Blog

Once upon a time the idea of marriage conjured images of life-long commitment. Today, when nearly half of all marriages end in divorce, many New York couples are looking toward their futures with a greater degree of caution, though signing a prenuptial agreement seems to still be somewhat taboo. However, many high-asset investors, especially those of a certain age, are urging people to take a second look at how a prenuptial agreement can help secure their financial future.

It is true that nearly half of all polled investors under the age of 40 agree with the idea that a prenuptial agreement can help protect existing assets, but the younger investors also believe even talking about a prenup with a potential spouse can cast a negative pall on a marriage before it even begins. Not so according to their elders. Over sixty percent of investors over the age of 61 highly recommend a prenup to all couples.

As more and more states begin adopting civil union legislation offering similar marriage rights to same-sex couples, it follows that more of these couples will also earn and utilize the right to end those unions. In New York and other states where same-sex marriage is legal, however, the statistics on same-sex divorce are incomplete. The reason, according to experts, is simple rarity.

Same-sex marriage is still a relatively new concept for many states, and the fact remains that heterosexual couples have been getting legally married and divorced for exponentially longer than their homosexual counterparts. The statistics that deal with heterosexual relationships, however, may not coincide with what similar statistics could tell us about the same-sex unions. At present, no gender is recorded in divorce cases, so the information is difficult to extract from existing statistics.

What began as a celebrity match made in heaven is finally approaching a resolution as noted reality star Kim Kardashian prepares to finalize her divorce settlement with estranged husband, NBA star Kris Humphries. The divorce, which has captivated New York fans of both the TV show and the sport, has been in negotiation since 2011. The couple was married in August of that year, but the relationship quickly deteriorated, resulting in Kardashian filing for divorce before the year was out.

The terms of the settlement have not been disclosed to the public, but the court has granted marriage dissolution to both parties. Humphries had originally objected to the traditional divorce arrangement, claiming the marriage had strictly been designed to garner press for "Keeping Up With the Kardashians," his estranged wife's reality show. However, Kardashian's desire for a divorce was granted by the courts, though the divorce will not be finalized until all of the paperwork has been signed.

Recently, in New York, a judge threw out a prenuptial agreement that had been signed over 10 years ago. This may have caused some people to wonder if the agreements they signed remain valid. A prenuptial agreement is increasingly common, even for couples that don't have large amounts of wealth. These types of agreements properly divide finances, property and even pets.

The prenup at issue was presumably thrown out because there were issues with the initial agreement, and it was thus ruled invalid. If a spouse fails to disclose or misrepresent their assets, this could negate the contract completely. Both spouses have to be of sound mind and not under mental duress or stress at the time they sign the document.