Summary Judgment in Divorce Case Granted Due To Well-Written Postnuptial Agreement

From The New York Law Journal:

The Supreme Court, Westchester County, recently issued a significant matrimonial decision and order clarifying that under Domestic Relations Law (DRL) §170(7), if all ancillary issues are resolved via a prenuptial or postnuptial agreement, the plaintiff is entitled to summary judgment on his or her cause of action for divorce. The decision in Fiasconaro v. Fiasconaro, Index No. 64458/2019 (July 13, 2021) (Nancy Quinn Koba, J.) demonstrates the critical importance of a well-drafted, rock-solid prenuptial or postnuptial agreement in the era of no-fault divorce.

After the husband established his prima facie entitlement to a judgment of divorce, the wife ultimately had the burden of convincing the court that triable issues of fact existed, and failed to do so.

The husband prevailed in this case due to the agreement. The decision illustrates that a thorough, unambiguous, rock-solid prenuptial or postnuptial agreement will be found to satisfy the provisions of DRL §170(7).

Read more here.