03/19/2026
7 words. That is all it took to invalidate a prenuptial agreement.
I came across this case in the National Notary Association NNA Newsletter this week and it reminded me why this conversation never gets old. Galetta v. Galetta, 2013. A prenuptial agreement was deemed unenforceable during divorce proceedings because the notarial certificate was missing the phrase "to me known and known to me." Seven words. Out of roughly 250. The signatures were authentic. Nobody was forced to sign. The Court of Appeals held the agreement was unenforceable under Domestic Relations Law § 236(B)(3) because the acknowledgment was defective.
In California, the Secretary of State is clear: certificate wording cannot be altered. The only permissible correction is the venue. When I encounter altered wording at a signing, I attach a California compliant loose certificate. Every time. No exceptions.
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