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Prenuptial Pact's Attorney Fee Provision Nullified

New York Law Journal

July 18, 2006

A New York appeals court has declared unenforceable provisions of a prenuptial agreement that barred a spouse from seeking attorney fees. A unanimous panel of the Appellate Division, 2nd Department said its ruling was a matter of public policy, considering the wealth of the husband -- his assets are valued at nearly $5.6 million -- compared to the wife, whose assets are valued at $160,000. It stressed, however, that it was not commenting on all such provisions in prenuptial agreements.

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