New York Law (NYLE) Practice Exam

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After marriage, an agreement regarding property in the event of divorce is enforceable under which condition?

If both parties agree verbally.
If the wife files for divorce.
If the agreement is in writing and signed by both parties.
If the couple has been married for over five years.

The correct answer is: If the agreement is in writing and signed by both parties.

An agreement regarding property in the event of divorce is enforceable when it is in writing and signed by both parties. This requirement stems from the need for clarity and to ensure that both individuals understand and consent to the terms laid out in the agreement. A written document is less prone to misunderstanding or disputes about what was agreed upon compared to an oral agreement, which may lack objective evidence of the terms. Additionally, legal principles, such as those reinforced by the Uniform Premarital Agreement Act and state laws, often mandate that such agreements must be executed in writing to hold up in court. The other conditions, such as a verbal agreement or the duration of the marriage, do not meet the legal requirement for enforceability of property agreements in divorce proceedings.