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New York Prenuptial Agreement Template

A New York prenuptial agreement enables two spouses to control how their assets will be split in the event of death, divorce, or legal separation. As its name suggests, the prenuptial agreement, or "premarital agreement," is drafted by the couple prior to marriage, and it becomes effective once they are married.
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Updated May 29, 2024

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Signing Requirements

– The signatures of both parties and an acknowledgment by a notarial officer or one (1) or more witnesses are required.[1]

Laws

  • GOB § 3-303 – Contracts in contemplation of marriage
  • DRL 236B(3) – Special controlling provisions; prior actions or proceedings; new actions or proceedings

Child Support

Child support, or any payment made to another spouse regarding a child’s best interest, is prohibited from being included in a prenuptial agreement.[2]

“Without question, a provision in an agreement eliminating a party’s child support obligation is void as against public policy.”

Lack of Independent Counsel

It is recommended, but not required, for both parties to obtain independent counsel as part of creating a prenuptial agreement. Although, if a spouse intends to defraud or initiate duress to sign, the agreement could be invalid.[2]

“While lack of independent counsel is a factor to be considered in determining whether the agreement should be set-aside, it is not, without some extrinsic evidence of unconscionability, duress or fraud, sufficient in and of itself to overturn the agreement.”

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