Pre-Nups & Post Nups MUST Follow Certain Formalities to be Enforceable

In a recent New York case Ballesteros v Ballesteros, the Appellate Division Second Department in New York declined to enforce a post nuptial agreement because the notary who signed the agreement failed to formally “acknowledge” the agreement. In this case the parties were married when the husband asked for a divorce then changed his mind. The wife, sensing he might ask again, agreed to stay if he would enter into an agreement to take care of her financially in the event of a divorce so he signed an agreement which was notarized stating that he would buy her a flat valued at least $250,000. She thought she could take this to the bank but it turns out that though the agreement was notarized, it was not acknowledged as required under New York law; and the Second Department has made it clear that they will strictly enforce these types of formalities in these types of marital agreements. Read more here.

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