What Are The Requirements For Prenuptial Agreements In New York?

Recently, the invalidation of a prenuptial agreement involving millions of dollars made the news in New York. In this case, the court held that the prenuptial agreement at issue was fraudulently induced, because the husband had promised to rip up the agreement once the couple had children in order to pressure his bride into signing the agreement a couple of days before their wedding day.

This case shows the importance of knowing the requirements for executing a valid prenuptial agreement, something you can learn from an experienced Buffalo prenuptial agreement lawyer.

The content of prenuptial agreements may vary widely, depending on the assets and intentions of the signatories. They usually include ― at the least ― provisions about spousal support and the distribution of property in case of divorce. Note that provisions concerning child support and custody are subject to New York law and are only valid to the extent that they are in the best interests of the child.

In order to be validly executed under New York Domestic Relations Law, a prenuptial agreement must:

  • Be signed voluntarily by the parties in the presence of a notary public
  • Fully and fairly disclose all relevant assets
  • Be fair and reasonable to both of the parties at the time of execution and not unjust at the time of divorce

It is wise to sign your prenuptial agreement well before the wedding date in order to prevent a claim of coercion.

An experienced Buffalo prenuptial agreement lawyer can draft or review your prenuptial agreement and prevent any unnecessary surprises in the unfortunate event of a divorce. Attorney Linda M. DiPasquale draws on her experience and skills to review your situation and find fitting solutions that meet your goals.

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