Prenuptial agreements are contracts between two people who plan to marry. These contracts outline a financial plan should the spouses ultimately file for divorce. While marriage laws are determined by individual states, some efforts have been made to create consistency across state lines. The Uniform Premarital Agreement Act (UPAA), for example, helps standardize how prenuptial agreements are defined and enforced in participating states. This makes it easier to draft legally sound prenups. However, New York is one of several states that have not adopted the UPAA, so its laws may differ from those in other states. If you’re drafting or evaluating a prenuptial agreement, you need to consider the unique prenup definition and guidelines in New York.
Any lawyer who advises you on matters regarding prenups should understand how New York’s unique prenup regulations affect you.
Breaking Down New York State’s Prenup Definition
New York state doesn’t follow the Uniform Premarital Act. So what does it use instead? Our state governs prenuptial agreements in its Domestic Relations Law (DLR). Section §236(B)(3) of DLR defines a prenup as a written agreement between two people who are getting married. When two people draft an agreement after getting married, it’s usually called a postnuptial agreement, or postnup. It is essentially a contract that determines the ownership of finances, assets, and debts in the event of divorce.
In New York, prenuptial agreements help couples clarify ownership of assets before marriage, making divorce mediation simpler by addressing these issues in advance.
These agreements can benefit more couples than those with a high net worth. For instance, they can help delegate money to children that one party might have from previous relationships. They can also simplify inheritance upon death.
But to really understand a prenup, we must go beyond how state law defines the term. We also need to think about how the court applies a prenup in practice.
New York State’s Special Requirements
There are a few ways in which New York’s prenup definition and regulations are stricter than those of many states. For instance, the agreement must be in writing, signed by both partners, and acknowledged before a notary, similar to a real estate deed. This notarization helps prove the document is authentic and that both people signed it willingly. While many states strongly recommend or require notarization, New York law makes this deed‑style acknowledgment a formal condition for a valid prenup.
Additionally, New York courts encourage each spouse to have their own lawyer when creating a prenup, as it helps show the agreement was fair and voluntary. If challenged later, a judge might question the deal more closely if only one side had an attorney, especially alongside issues like hidden finances or rushed signing.
These formalities reflect how seriously New York treats matters of future planning within a marriage. That same level of care applies if you’re using assisted reproductive technology like IVF. New York has a special embryo disposition agreement that lets you decide which partner will have legal rights over the embryos if you separate or one of you dies. For that embryo agreement to be automatically binding when it gives control to one parent, it must be in writing. Both of you must also get advice from your own lawyers before you sign it. Many couples address the money issues in their prenup and then use this separate embryo agreement alongside it so that everything is clearly covered.
You should consult a lawyer to understand how a prenup applies to your situation and any specific legal considerations that come with it.
How a Lawyer Can Help You Understand New York State’s Prenup Definition
It can be difficult to understand how a prenup can impact your marriage and potential divorce mediation process, especially in New York. Given the state’s unique prenuptial standards, you need someone on your side who knows the state’s laws inside and out. An experienced divorce attorney can help answer questions like:
- Do I need a prenup? A lawyer will help you understand whether a prenup is right for you and your future spouse based on your goals, finances, and what matters most to you both.
- How will my prenup apply if I divorce? If you’re considering divorce, you can have a lawyer review an existing prenup. They will explain how the terms may affect various aspects of the process, such as property division, spousal support, or debt responsibilities.
- What happens if I enter my marriage without a prenup? Without a prenup, New York’s “equitable distribution” law will determine how marital property is divided in the event of a divorce. A lawyer can help you understand what that could mean for your situation.
An experienced attorney who understands prenuptial agreements in New York can also help ensure that your prenup is legally binding.
Contact Michelle Cimino To Draft Your Prenuptial Agreement
Prenups answer difficult questions before you have to ask them. But New York is one of a handful of states with a more specific prenup process. If you’re considering a prenuptial agreement in New York, you need an attorney ready to unpack nuanced state laws. A marriage and divorce lawyer who lives and works in New York state can also effectively draft an enforceable prenuptial agreement that could simplify divorce mediation.
Arrange a consultation to speak with experienced family lawyer Michelle Cimino about your prenuptial agreement.
