Will the Court Recognize a Pre-Nuptial Agreement in a Divorce?

Generally, yes. However, the pre-nuptial agreement entered into between the parties must meet certain requirements set forth in the New York Domestic Relations Law. Specifically, the pre-nuptial agreement must be in writing and signed by each future spouse. Each future spouse must sign the pre-nuptial before a notary public and the notary public must attach a written acknowledgment. If the pre-nuptial agreement is signed by both parties, but not acknowledged by a notary public, the pre-nuptial agreement is in danger of being not recognized by the Court in the event the parties divorce. To ensure that a pre-nuptial agreement is recognized by the Court in the event of a divorce, it is best to seek the advice of a matrimonial attorney prior to signing any agreement.