Prenuptial and post-nuptial contracts in New York require which of the following?

• A. They must be in writing.
• B. They must be signed by both parties.
• C. They must be acknowledged or proven in the manner required to entitle a deed to be recorded.
• D. They must be notarized by a notary.

Answer: (D)

The key idea here is the formal execution requirement for prenuptial and post-nuptial agreements in New York. These agreements must be in writing and signed by both parties. In addition, to give the document the same formal weight as records that convey real property, New York requires that such agreements be acknowledged or proven in the manner used to entitle a deed to be recorded. Notarization is the typical way to satisfy that acknowledgment, since a notary public confirms the identity of the signatories and the voluntary nature of the act. Therefore, ensuring the agreement is notarized addresses the formal record-keeping standard and explains why notarization is the best answer among the options.