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Postnuptial Agreements

By Judith E. Siegel-Baum and Stephanie F. Lehman
October 31, 2008

The answer to the question, “Is it better to live in New York or in New Jersey if you want your postnuptial agreement to be enforced?” is plain and simple ' New York is where you need to be. If your client lives in New Jersey, keep him or her away from postnuptial agreements.

There is a vast difference between New York and New Jersey law in the standard of review for enforcement of postnuptial agreements. This article provides an overview of the requirements for a valid postnuptial agreement in New York and the disparity between New York and New Jersey law.

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