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Lester v. Lester

Domestic Relations Court of New York

87 N.Y.S.2d 517 (1949)

Relevant factsFree

Mr. and Mrs. Lester signed an agreement at the time of their marriage stating that Mrs. Lester was not leaving Mr. Lester despite no longer wanting the same kind of relationship, that Mr. Lester married her only because of serious threats she'd made against them both, and that the marriage was never to be treated as an actual marriage. The couple then lived together as a married couple for roughly ten years before separating, at which point Mrs. Lester sued for support. Mr. Lester argued the marriage was never intended to be real and was therefore void from the start, claiming he had married and remained married, including having sexual relations with her, under duress.

IssueFree

Whether an agreement between a married couple is unenforceable as a matter of public policy if it contradicts the accepted conventions and laws of the state and community.

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