Prenuptial Agreement
(NY)

This template is a prenuptial agreement for use in New York. In addition to the statutory requirements, waivers, and acknowledgements customarily included in a prenuptial agreement, it contains provisions for the equitable distribution of marital property and maintenance. This template contains practical guidance and drafting notes. The prenuptial agreement is a marital agreement executed by parties before their wedding day. It contains the parties' resolutions concerning the issues of equitable distribution and maintenance in the event of a future divorce action. Where there is a substantial disparity between the parties' income and assets, the prenuptial agreement serves two important purposes. First, the prenuptial agreement can be converted into a separation agreement. As such, it can provide the grounds for an application for a divorce under N.Y. Dom. Rel. Law § 170(6). Alternatively, it can serve as a divorce settlement in an uncontested/no fault divorce action (N.Y. Dom. Rel. Law § 170(7)). Secondly, a prenuptial agreement enables the monied party to protect their separate property, while affording the less monied party with financial support in the event of a separation/divorce. Although each document will vary in its provisions dependent upon the parties' circumstances, all prenuptial agreements must comply with statutory requirements in order to be approved by the court. In a typical prenuptial agreement matter, parties will need to address some but not all of the substantive issues addressed in this template. Due to the uniqueness of each prenuptial agreement matter and your obligation to ensure the long-term enforceability of the agreement, a thoughtful tailoring of each paragraph of the template is highly recommended. The final document must accurately and unambiguously reflect the intentions and agreements specific to your client and their fiancé. For further information, see Prenuptial Agreements (NY) and Prenuptial and Postnuptial Documents Checklist (NY).