Waiver in Prenup Doesn't Bar Request for Attorneys' Fees

Posted on July 30, 2006 by Alexander D. Nirenstein
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A woman whose prenuptial agreement precludes either spouse from seeking legal fees from the other in the event of a divorce may nonetheless request a fee award against her millionaire husband, the New York Appellate Division rules. The court says that while the bar on fees is not inherently invalid, it is against public policy in this case due to the immense disparity in the couple's finances. It also announces a rule to be applied when dealing with fee waiver provisions. See Kessler v, Kessler, N.Y. App. Div., No. 2004-04773, 7/11/06.

For assitance with prenuptial agreements, contact NRG - Nirenstein Ruotolo Group, P.L.C.

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