Getting married in New York? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Agreements must be entered into voluntarily and not be unconscionable when executed.
- Prenups must be in writing, signed before marriage, and acknowledged before a notary public in the same manner as a deed.
Are prenups legal in New York?
Prenups must be in writing, signed before marriage, and acknowledged before a notary public in the same manner as a deed. Full disclosure is expected but not always strictly required if there’s no fraud. Independent counsel is not mandatory but highly recommended.
What makes a New York prenup enforceable?
Agreements must be entered into voluntarily and not be unconscionable when executed. Courts may void agreements for fraud, duress, overreaching, or lack of proper acknowledgment. No “second look” at divorce, but egregious unfairness can be considered.
What you can—and can’t—include
Parties can waive property division, alimony, and inheritance rights. Child-related provisions are unenforceable.
Simple process
Ensure notarization with proper acknowledgment, include asset schedules, and sign well before the wedding. Use independent counsel for stronger enforceability.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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