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What you can and cannot include in a New York prenuptial agreement

On Behalf of | Jan 29, 2025 | Family Law |

While it might not sound romantic, many couples choose to sign a prenuptial agreement before saying, “I do.” This legal document, commonly known as a “prenup,” helps couples plan how they’ll handle their finances and assets during their marriage and if they ever divorce.

What can you include?

A prenup mainly serves as a clear financial plan for your marriage. It usually covers:

  • How to classify and divide property (both separate and shared)
  • Treatment of financial accounts, investments and retirement funds
  • Allocation of debts and business interests
  • Terms for spousal support or maintenance
  • Inheritance rights and support for children from previous marriages

Having these discussions early often leads to better financial planning in marriage. Being clear about financial expectations can also help prevent future disputes.

What can you not include?

While prenups are flexible, they have strict limits. New York courts will reject certain provisions, even if both partners agree to them. This includes provisions or restrictions involving children. Only courts can make decisions on child custody and support based on what’s best for the children at the time of divorce, not years before in a prenup.

Courts may also not enforce terms that encourage divorce, include anything illegal, create extreme financial hardship for one spouse or pressure someone to give up all rights to future support.

Making your prenup valid

Unlike other states, New York hasn’t adopted the Uniform Premarital Agreement Act. However, New York courts still recognize and enforce prenuptial agreements, as long as it meets the following requirements:

  • The terms are fair and reasonable.
  • Both partners worked with separate lawyers.
  • Both partners fully disclosed all financial information.
  • Both partners signed willingly before the marriage, without pressure or coercion.
  • A third party legally acknowledged the document.

Creating a valid prenup in New York involves several important steps. If you plan on drafting one with your partner, make sure to seek professional legal counsel.

Create an agreement that works for both you and your partner

A prenup is more than just a legal document – it’s a foundation for your financial future together. To ensure it meets all legal requirements and truly serves your needs, talk to a family law attorney.