We always recommend that both parties sign their prenuptial agreement or postnuptial agreement in front of notary public. And that the notary should take steps to identify and acknowledge each party, the most logical being to ask for photo identification such as a passport or driver's license.
So the question is how to finalize your agreement during the COVID-19 pandemic? The good news that you can do it remotely now- the notary does NOT need to be physically present.
Pursuant to New York Executive Order Number 202.7, signed by Governor Cuomo, any notarial act required under New York law may now be performed by audio-video transmission.
How does it work?
During the video conference, the person requesting the notarial services must present valid photo identification during the video transmission unless the notary has personal knowledge of the person’s identity. The valid photo identification must be produced during the video conference and may not be transmitted before or after the conference.
The video conference must allow direct interaction between the person signing and the notary.
The person signing must affirmatively represent that he or she is physically present in the State of New York.
Our staff at NYC Prenup is always available to assist with questions.