March 25, 2008

Domestic Relations Law § 236[B][3]

Practice point: Absent a proper written acknowledgment, a postnuptial agreement is unenforceable, even if the agreement was ratified either through word or conduct.

Case: Angel v. O'Neill, NY Slip Op 02640 (1st Dept. 2008)

Facts: The notary testified that the signature on the agreement was not hers, and the court found an obvious difference between the purported signature and the notary's admittedly genuine signature.