eForms Logo

New York Prenuptial Agreement Template

Create a high-quality document now!

New York Prenuptial Agreement Template

Updated May 17, 2023

Or use ContractsCounsel to hire an attorney!

A New York prenuptial agreement enables future spouses to control how their assets will be split in the event of a divorce or legal separation. As its name suggests, the prenuptial agreement, or “premarital agreement,” is drafted by the couple prior to marriage. The parties will disclose their finances and property to each other before creating terms for the division of their assets. A properly executed prenuptial will reduce the financial and emotional burden imposed upon the couple by eliminating the state’s ability to divide the assets and property as they see fit.

Signing Requirements (DRL 236B(3)) – The signatures of both parties and an acknowledgment by a notarial officer or one (1) or more witnesses are required.


  • 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.

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

Source: Werther v Werther 2005 NY Slip Op 51543(U)

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.

“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.”

Source: Werther v Werther 2005 NY Slip Op 51543(U)