Legal Question in Family Law in New York
Is it legal and binding?
If a separation agreement is notorized but never filed with the court, is it a legal, binding agreement, due to the fact that it was notorized?
Asked on 10/24/06, 3:42 pm
1 Answer from Attorneys
Seth Kaufman
Kaufman PLLC
Re: Is it legal and binding?
The agreement should be held binding to the extent that it is a valid post-nuptial agreement. General contract principles apply, although certain terms, such as those relating to child and spousal support, are subject to more stringent policy standards. The fact that the agreement was not filed in court means that it cannot be the basis for divorce.
Answered on 10/24/06, 11:13 pm
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