The notarization of a postnuptial agreement helped establish the timeline of events in a high-profile divorce case and exposed that a family attorney altered the agreement after it had been signed and notarized.
During testimony in the divorce trial between power couple Frank and Jamie McCourt, attorney Larry Silverstein admitted that the original agreement inadvertently made the Los Angeles Dodgers Major League Baseball team the property of both McCourts. He later changed one word to make the team Frank McCourt’s sole property, which he claimed was the couple’s original intent, without informing them. The entire case could be decided on the validity of this document.
If a material change is made to a contract or agreement that has already been signed and notarized, the document would have to be re-signed and notarized. Re-notarization would be important to ensure that both parties were signing the agreement willingly without duress and that they understood what they were signing.
Key points
- Notarization helps establish a timeline of events if a transaction is ever questioned.
- If a material change is made to a document that is notarized, the document must be re-signed and notarized.
- Re-notarization is important to ensure that both parties were signing the agreement with willingness and awareness.
David Thun is an Associate Editor at the National Notary Association.