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Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9364
Experience:  since 1983
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Post postnuptial agreement need to file in court?

Customer Question

Post postnuptial agreement need to file in court?
Submitted: 2 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 2 years ago.
Thank you for your question. Which State is this in?
Customer: replied 2 years ago.
Ny.
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  N Cal Attorney replied 2 years ago.
A postnuptial agreement in NY must be signed and notarized but does not have to filed in court at the time it is made.
Customer: replied 2 years ago.
Post nup. was made 2010. Divorce filed 2014. We are dealing with post. nup at court. One side asking void, null.
Filing to court is now clear up.
How important is exhibits may missing or one side is denying never had one. We contacted both lawyers, but no one has exhibits. But in post. Nup., all exhibits A,(all assets), amount B, (all assets amount ),C ( list of exceptions ) are written, without exhibits, it is clear.
Expert:  N Cal Attorney replied 2 years ago.
The postnup will need to be presented to the Court once a divorce case is filed. Did both parties make a complete disclosure of their assets and liabilities prior to signing the agreement?
Customer: replied 2 years ago.
Yes, both listed assets and liabilities , but I am sure not all. That is why we need forensic accountant. Mostly assets are listed on post. nup. Without exhibits.
One part likes keep post. nup other one want to through out. Which is more likely happen?
Expert:  N Cal Attorney replied 2 years ago.
The party who wants to enforce the agreement has the burden of proving that it was valid when it was signed. If there was not a full disclosure of assets and liabilities, the Court is likely to refuse to enforce the agreement.
Customer: replied 2 years ago.
Party which want to void agreement made motion to enforce agreement first. After asking missing exhibits, they want to null agreement. Is this prove that part which wanted enforce agreement has exhibits, but deny exhibits?