Oral Promise Voids Prenuptial Agreement In Millionaire’s Marriage
A Long Island judge has voided a written prenuptial agreement following an oral promise made amongst a married couple. The decision was later upheld by a New York appeals court, the first such decision of its kind to be made. Elizabeth Cioffi-Petrakis and her husband, Peter, wished to divorce, however, the prenuptial agreement signed between the two six weeks prior to their marriage in 1998 stalled the process.
The prenup stipulated that Cioffi-Petrakis would only receive $25,000 per year for every year the couple was married. Cioffi-Petrakis refused to sign the document. However, four days before the marriage, she alleges her husband made an oral promise to her that she would be added to their house deed once the two had children. Petrakis, however, never amended the prenup to reflect the promise he made, nor did he destroy the document when the couple had children, as he had also promised.
The case went to court and on February 20th, the ruling came down in Cioffi-Petrakis’s favor. The court found that the prenup was fraudulently induced by having Cioffi-Petrakis sign the document under false pretenses. Now that the prenup has been voided, she plans to go forth with filing for divorce.
Get the reliable prenuptial agreement you need with the help of an attorney from the law firm of Fischer & Van Thiel, LLP, in San Diego. Contact us at 858-935-6211.