Enforcement of prenuptial agreement

Rubin v. Rubin

Matrimonial Law

275 A.D.2d 404, 712 N.Y.S.2d 626 (2nd Dept. 2000)

Reversing a lower court, an appellate court held that a challenge to a pre-nuptial agreement must be brought within six years after the agreement is signed in the absence of fraud, duress, mistake or overreaching. The existence of a viable marriage does not toll the statute of limitations.