New York Prenuptial Agreement Form

Today, many people tend to be more practical and secure their funds in all possible ways. If your wedding is coming soon, the New York prenuptial agreement form is a great tool to ensure the protection of your properties and regulate potential disputes.

By signing a prenuptial agreement (also known as a prenup or premarital agreement), the couple reveals its belongings and obligations—both shared and personal—and outlines the managing principles. The document makes divorce procedures simpler because the court does not have to make decisions regarding property splitting—they are already incorporated in the agreement. If a person dies, their partner can use a prenuptial agreement template as evidence of the deceased person’s will.

When you create the document together with your potential husband or wife, remember that your future may depend on it. Be reasonable in the provisions you add to the contract and jointly define what is best for both of you. Ask for a lawyer’s consultation if something is still unclear.

Our form-building software will help you generate the New York prenuptial agreement form so you can quickly complete it and add suitable content. To ensure your document’s validity and determine which laws are currently applicable in the state, proceed to the next part of our review.

New York Prenup Laws and Requirements

In New York, some laws and norms applicable to prenuptial agreements are placed in the Consolidated Laws (in the “General Obligations” and “Domestic Relations” laws), while others are subject to case law. Some practices are based on various precedents involving prenups. Among the famous cases are “Werther v. Werther” and “Levine v. Levine.”

In 2004, American legal experts Paul Bennett Marrow and Kimberly S. Thomsen, who work in New York, issued a joint article that describes what features prenups should have to be considered valid. Again, the article is based on court precedents and several laws incorporated in the Consolidated Laws.

Signing Requirements

Besides both partners’ signatures, both parties need to notarize the agreement in the state of New York. Signatories are obliged to do so by Section 236B(3), Article 13, “Domestic Relations” of the Consolidated Laws.

Enforceability

Section 3-303, Article 3, “General Obligations” of the Consolidated Laws specifies that a prenup becomes enforceable when partners are officially married.

Paul Bennett Marrow and Kimberly S. Thomsen have defined five mandatory features to make an agreement valid:

  1. An agreement should be accompanied by financial disclosures provided by both potential spouses.
  2. Both parties should be represented by their own attorneys. However, if the parties are unwilling to hire an attorney and do not see any problem in not having one, this condition is not compulsory.
  3. Parties cannot sign the agreement under “duress” or “emotional anxiety.”
  4. An agreement requires a public notary agent’s acknowledgment.
  5. An agreement cannot contradict any of the provisions included in “General Obligations” or “Domestic Relations” laws of the Consolidated Laws of New York.

The requirement to add disclosures to an agreement is also set by Section 236, Article 13, “Domestic Relations” laws of the Consolidated Laws.

Court Refusal

If both parties’ signatures and a notary verification are missing, that is enough reason for the court to invalidate the agreement.

If any agreement’s provision breaks the Consolidated Laws of New York or the enforcement rules mentioned above, the court may not accept the agreement.

What Prenups Can Cover

Each prenup agreement drawn in New York may consider various aspects, including:

  • How to operate properties and cover debts during matrimony.
  • How to split mutual estate if partners divorce or one of them dies.
  • How to manage day-by-day expenses such as taxes, bank accounts, housekeeping, retirement plans, and other costs.
  • How to consider ownership of the business, i.e., if it is a private asset or the business belongs to both spouses.

Besides the matters enumerated above, partners may talk through and insert any other provision they approve.

You should know that your agreement cannot cover any aspect related to your kids, their upbringing, alimony, and other similar topics. This rule is mentioned in the “Werther v. Werther” case.

Property Type

If the parties have signed a prenup before matrimony, the properties should be divided in the manner they have described. However, if there is no such agreement, the court will consider some guidelines from the Consolidated Laws (Section 236, Article 13, “Domestic Relations” laws):

  • Each party’s private estate remains private.
  • The mutual estate is shared fairly after the court considers the parties’ situation and case circumstances.
Published: Feb 25, 2021