Legal Question in Family Law in New York

Prenuptial agreement

I and my husband signed a pre-nup and we both had legal assistance (different lawyers). However I am concerned about the agreement, since he has the copies. Are the lawyers bonded to have copies in their offices? Is there any public register of these agreements so that I can get a copy?


Asked on 4/01/00, 10:10 pm

1 Answer from Attorneys

Craig Penn Penn & Associates

Re: Prenuptial agreement

There is no central registry for the filing of prenuptial agreements. They are private contracts between spouses.

Your lawyer should not have provided "legal assistance." He should have been representing you, which is quite different.

You do not need to have an original of your prenuptial agreement but you do need a copy if you ever use it in the course of a divorce. You should ask your lawyer for a copy. He may even be able to get a copy from your husband's lawyer.

The fact that you feel uncomfortable asking your husband for a copy indicates that there is already a problem.

In the worst case scenario, you can request a copy from you husband during the discovery phase of a divorce action.

You should never sign an important document or contract without getting a copy for your files.

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Answered on 4/16/00, 1:57 pm


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