Legal Question in Family Law in New York
notarized document legally binding
Is a notarized document stating one person in the marriage will receive monies for a period of time after the divorce binding and legal?
Asked on 11/11/06, 10:44 pm
1 Answer from Attorneys
Seth Kaufman
Kaufman PLLC
Re: notarized document legally binding
You should consult with a lawyer to discuss all of the relevant details of your situation before entering into or relying on the agreement for any purpose. Enforceability depends on a number of factors generally applicable to ante-nuptial ("pre-nup")agreements and other contracts, including whether there was proper offer, acceptance, consideration, etc. Also, the terms cannot violate public policy or require a party to break the law. The agreement must not have been entered into by a party under fraud, duress or incapacity.
Answered on 11/12/06, 12:34 am