How best to draft and execute a postnuptial agreement?

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How best to draft and execute a postnuptial agreement?

If my wife and I write and agree on our postnuptial can we just get the document notarized? Would it be legal in NY and PA? Should we speak to a family law attorney? In Brooklyn, NY.

Asked on August 19, 2010 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I would strongly suggest that you consult with an attorney on the matter. In fact, each of you should be represented by counsel separate and apart from each other. Post-nuptial agreements (like pre-nutpial agreements) are voluntary contracts entered in to by parties before or during the marriage.  The key word here is "voluntary".  A party contesting either agreement has to prove undue influence or an unfair advantage existed at the time the agreement is entered in to.  They both come under the same area of the law (the Domestic Relations law in New York section 236 B 3) which requires that it be in writing, signed by both of you and "acknowledged or proven in the manner required to entitle a deed to be recorded." Good luck.


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