The contract says that from the moment we stop living together with the intention of being separated (so divorce is not required), our money is split in a certain way. We both get to keep our respective retirement accounts, I have a provision for a Provident Fund I was paid when I left my last job, he has a provision to protect inheritance from his grandmother, etc.
The signing of the contract was witnessed and stamped by a notary at the bank (although she only stamped the last of 7 pages). Is this legally binding? My husband has been having an affair for two months, and we are currently planning to separate. Can I rest assured that this notarized agreement will hold up in court?
We have no kids or significant property. We rent; we don't even own a car together. And to address follow-up questions, I said she notarized the last OF seven pages. The document is 7 pages long. My husband and I signed each page, but the notary said she only had to stamp the final page. As each page is signed, I doubt my husband could switch them out (or claim I did).
Generally, yes, this is prenuptial contract and should be binding unless there are defects that a court determines invalidates part or all of it. You mention the last 7 pages of the document were notarized - of how many? why weren't the first pages notarized? Depending on what's written on the first couple pages, there is an argument that those pages may not be the "original" pages - why would you notarize 7 but not all. To be sure, you should retain an attorney to review the actual documents you have.
First of all this is not a prenuptial agreement as stated elsewhere, it is a separation and property settlement agreement. These agreements have very specific requirements in order to be valid, and they are very challengeable if one party chooses to do so and the agreement is not professionally done. From your description and the mere fact that it was not written by a professional (I assume) the odds are it is not valid, but it would need to be reviewed, and it is up to some interpretation
Postnuptial agreements are as enforceable as prenuptial agreements, but you should take it to a lawyer to review. I do not know what you mean by only the last 7 pages are notarized, as the notary simply notarized the signatures off the parties on the last page--not every page! So I do not see that as an issue. Go get a consult with a lawyer.
