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Requirements. Your prenup must be signed by both parties, notarized, and acknowledged in the same form as is required to file a deed in New York.
Separate attorneys ? you and your spouse should have separate attorneys if you are going to enter into a postnuptial agreement. If you do not have separate attorneys, the court will look at your postnuptial agreement more closely for unfairness and may not enforce the postnuptial agreement.
The most common grounds to dissolve a prenuptial agreement include coercion or duress, unconscionability, and failure to disclose.
A prenuptial agreement is valid and can be enforced as long as it protects both you and your spouse and it was entered into with a full and fair disclosure of all assets by both you and your spouse. The agreement must also be executed and acknowledged with the full formality required for a property deed to be recorded.
In order to be a valid New York prenuptial agreement, the document must be in writing, signed by both spouses, and duly witnessed by a notary public pursuant to specific notary requirements.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.