In a family law proceeding following separation, the applicant sought several orders including severance of the issue of the validity of a marriage contract for determination at a preliminary trial, summary judgment for repayment of an alleged $200,000 loan, repayment of funds withdrawn from a joint line of credit, and permission to sell the matrimonial home without the respondent’s consent.
The respondent sought leave to amend his answer to claim spousal support, interim spousal support, disclosure relating to the applicant’s interest in an estate planning vehicle, and an order that proceeds of sale of the matrimonial home be held in trust.
The court held that the validity of the marriage contract should be severed and determined at a preliminary trial because doing so would likely narrow the issues and promote settlement without causing meaningful prejudice.
Summary judgment on the alleged loan and the request for immediate repayment of the line of credit withdrawal were dismissed.
The respondent was granted leave to amend his pleadings and was awarded interim spousal support despite the marriage contract, on a without‑prejudice basis pending determination of the contract’s validity.
