Q: Validity of one-page signed postnuptial in divorce?
I was divorced on October 2023 and had a notarized postnuptial agreement not honored during the divorce proceedings. The agreement was signed by both parties but the notary in error signed on a second page belonging to the parties involved and the notary, which we did not sign. Leaving the parties involved to sign one of two pages, however still showing an agreement had been made. This document was never allowed in court or presented to the Supreme Court, which I believe could have influenced the outcome favorably for me. As a result, I am now required to pay my ex-wife money she should not have received according to our postnuptial agreement, her attorney fees and living fees for two years which should have never happened.
Could you please advise on the following: 1. Is the postnuptial agreement still valid despite the signing irregularity? 2. Can I contest the divorce settlement based on the overlooked postnuptial agreement? 3. What steps should I take to address this issue legally?
A: A divorce agreement must be executed in a certain manner and contain certain language. If it does not it is invalid. You needed to have a professional prepare it properly for it to have been valid. Contact an attorney.
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