Legal Question in Family Law in New York
Prenuptuals Overturned in New York State
Does a prenuptual agreement made in NY State have to be notorized, witnessed, and filed in court records to be legal, and does the orginal document have to be presented to a Court or will a copy of the original suffice?
Asked on 8/12/00, 11:52 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Prenuptuals Overturned in New York State
A pre-nuptial agreement must be notarized if it contains reference to any real estate.
It need not be filed publicly to be effective.
If it is to be used in court proceedings the original or a certified copy will be required unless an ordinary copy is admitted by agreement between the parties.
Answered on 9/18/00, 9:28 am