DRL ` 250 also applies to invalidation or enforcement of a post-uptial agreement in estate or non-marital disputes. Where a right is invoked to challenge the part of the post-uptial agreement that concerns the waiver of inheritance tax and a matrimonial action has never been brought during the life of the deceased spouse, the statute of limitations until the death of the deceased is cancelled. Below are examples where a post-marriage agreement could be a viable solution to a possible marital dispute or unexpected problem: 1) Jill and her husband Bill, both practitioners, agreed that Jill would take care of their son full time. Jill wants to ensure that the decision to give up her career for her is shared in the same way by the parties in the event of a divorce; 2) Charlotte`s children from a previous marriage are concerned about their right to inherit in light of their recent marriage to Scott; 3) Danielle, a stay-at-home mother, and her siblings have inherited the same interest in a business closely run by their siblings. Danielle`s siblings insist that they maintain their interest in the business, that she and her husband will divorce one day, the business is not affected; 4) Charles, four years after he and his wife married, became a partner in a law firm. While Charles loves his wife, he wants to protect his partnership interest and his partners from unnecessary revelation in the event of a divorce. If you or someone you know with ties to Puerto Rico, you get married and a marriage agreement is part of the equation, make sure that a notary from Puerto Rico is involved; And of course, before they go down this island. For a post-uptial agreement to be valid and applicable, it must be properly considered, properly executed and respect the usual principles of contracts. In the development of the documents, special attention should be paid to the fiduciary relationship between the parties. Notwithstanding the costs, each party should be represented by an independent advisor when negotiating and implementing the post-uptial agreement. Even if each spouse is ultimately represented by individual counsel, practitioners should never counsel the spouse simultaneously.

The mere fact that each party was represented by independent advisors can make a post-uptialE agreement impervious. Bag v. Bag, 55 NY2d 957, 434 N.E.2d 249, 449 NYS2d 180 (1982); Cron v.