Prenuptial Agreement Lawyer in New York

What a prenuptial agreement can do in New York

A prenuptial agreement is a written contract, signed before the wedding, that sets each spouse’s rights if the marriage ends in divorce or death. Without one, New York’s default rules apply, including equitable distribution of marital property and the statutory maintenance guidelines. Under Domestic Relations Law (DRL) § 236(B)(3), a prenup may include:

• a contract to make a provision in a will, or a waiver of the right to elect against the other spouse’s will;
• the ownership, division or distribution of separate and marital property;
• the amount and duration of maintenance, within the limits described below; and
• provisions for the custody, care, education and maintenance of children, subject to DRL § 240.

Couples use these provisions to keep a business, real estate, investments or an expected inheritance separate, to decide how growth in those assets will be treated, and to set or limit maintenance. Property described as separate in a valid agreement is separate property under DRL § 236(B)(1)(d)(4). A waiver of the right of election must itself be in writing, subscribed and acknowledged (Estates, Powers and Trusts Law § 5-1.1-A(e)(2)). For business owners, see protecting your business in divorce.

Signing requirements: why the acknowledgment matters

A New York prenup is enforceable in a divorce only if it is “in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded” (DRL § 236(B)(3)). In practice, each signature is acknowledged before a notary public or other authorized officer, with a certificate in the form used for deeds. For an agreement made before marriage, the acknowledgment may also be taken by a person authorized to perform marriages under DRL § 11(1)–(3). The full text of DRL § 236 is on the State Senate website.

Courts apply this rule strictly. In Galetta v. Galetta, 21 N.Y.3d 186 (2013), the Court of Appeals held a prenup unenforceable because the notary’s certificate left out language confirming that the notary knew or had proof of the signer’s identity, and the notary’s later affidavit did not cure the defect. In Matisoff v. Dobi, 90 N.Y.2d 127 (1997), an agreement both spouses had signed was unenforceable because it was never acknowledged, even though no one claimed fraud.

When New York courts enforce a prenup

A properly executed prenup starts with a presumption in its favor: “Duly executed prenuptial agreements are accorded the same presumption of legality as any other contract” (Bloomfield v. Bloomfield, 97 N.Y.2d 188 (2001)). New York has a strong public policy favoring people’s freedom to order their own affairs by contract, and engaged couples are not automatically in a relationship of trust that shifts the burden of proof to the spouse relying on the agreement (Matter of Greiff, 92 N.Y.2d 341 (1998)). An agreement can still be set aside if it was the product of fraud, duress, overreaching resulting in manifest unfairness, or other inequitable conduct (Christian v. Christian, 42 N.Y.2d 63 (1977)).

Maintenance terms face an added test. They must be fair and reasonable when the agreement is signed and not unconscionable when the divorce judgment is entered (DRL § 236(B)(3)), and spouses cannot contract away support so that one is likely to become a public charge (General Obligations Law § 5-311).

In J.M. v. G.V., 87 Misc. 3d 171 (Sup. Ct., Kings County 2025), a trial court refused to enforce a maintenance waiver signed by a spouse without a lawyer because the agreement did not state the parties’ incomes or the guideline maintenance being waived. The court declined to set aside the rest of the agreement, noting its severability clause. It is a trial-level decision, but it shows why the guideline calculation belongs in any agreement that limits or waives maintenance. Read more in our analysis of J.M. v. G.V.

Financial disclosure and independent counsel

New York’s statute does not list financial disclosure as a formal requirement, and a failure to disclose everything is not, by itself, a reason to throw out a prenup (Anonymous v. Anonymous, 123 A.D.3d 581 (1st Dep’t 2014)). Disclosure still matters. Concealment can support a claim of fraud or overreaching, and a maintenance waiver is hard to defend if the parties’ incomes were never stated. Our fixed fee includes a review of financial disclosure, and we recommend attaching each party’s disclosure to the agreement.

New York does not require each party to have a lawyer, but separate counsel for each person is prudent. It helps show that each of you understood the terms and signed voluntarily, and it gives each of you an advisor whose only job is to protect your interests.

What a prenup cannot do

• Bind the court on child support. Child support terms are subject to DRL § 240. An agreement presented to the court must recite that the parties were advised of the Child Support Standards Act and, if it departs from the guideline amount, state that amount and the reasons; the court keeps its discretion (DRL § 240(1-b)(h)).
• Decide custody. Custody and parenting time are decided based on the best interests of the child (DRL § 240(1)(a)).
• Leave a spouse likely to become a public charge. General Obligations Law § 5-311 bars it.

Halachic prenup provisions

Many observant couples also sign a halachic prenup, in which both spouses agree that disputes about the Get will be decided by a designated Beis Din (rabbinical court). Widely used forms, such as the Beth Din of America’s, add a daily support obligation intended to discourage withholding a Get.

A halachic prenup is usually a separate document from a financial prenup, and the two should be drafted to work together, including a decision about which disputes go to the Beis Din and which stay in court. Custody cannot be decided by binding arbitration in New York, so it should be left out of any Beis Din clause. See our Jewish divorce and Get page and our Orthodox Jewish prenup guide.

Prenups in New Jersey

New Jersey follows the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31 et seq. A New Jersey premarital agreement must be in writing, with a statement of assets annexed, and signed by both parties (N.J.S.A. 37:2-33). It cannot adversely affect a child’s right to support (N.J.S.A. 37:2-35).

The agreement is not enforceable if the challenging spouse proves, by clear and convincing evidence, that he or she signed involuntarily, or that the agreement was unconscionable when signed because, before signing, that spouse was not given full and fair disclosure of the other’s earnings, property and financial obligations; did not voluntarily and expressly waive further disclosure in writing; did not have, or reasonably could not have had, adequate knowledge of the other’s property and obligations; or did not consult independent counsel and did not waive that opportunity in writing (N.J.S.A. 37:2-38). Joel Yacoob is admitted in New Jersey and New York, so couples with ties to both states can plan for both sets of rules. See our guide to New Jersey’s premarital agreement law.

Our process, step by step

1. Consultation and intake. Meet by phone or video and complete our online intake. We discuss your goals, your assets and the wedding date.
2. Financial disclosure. Each of you gathers statements for accounts, real estate, business interests, debts and income, and we review the disclosure that will be attached to the agreement.
3. Drafting. We prepare custom terms for your situation. Two provisions worth including are a severability clause, so that one defective term is less likely to undo the rest, and, where maintenance is limited or waived, the guideline calculation.
4. Negotiation. Your partner’s lawyer reviews the draft, and we negotiate changes where needed.
5. Signing. Both of you sign, and each signature is acknowledged in the form New York requires. Our fee includes execution and notarization guidance.
6. Afterward. Keep the signed originals safe. If your circumstances change, the agreement can be amended in a signed and acknowledged writing or updated with a postnuptial agreement.

New York sets no waiting period between signing and the wedding, but a rushed signing invites later claims of pressure. Start as early as you can; a few months before the wedding usually leaves room for disclosure, review by each lawyer, revisions and an unhurried signing. To begin, start your case online or call (718) 975-1123, Monday through Friday, 9 a.m. to 7 p.m. For background, read prenuptial agreements in New York.