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Your Essential Guide to Getting a Prenup in New York

Plan your prenup confidently with clear New York legal steps and tips.

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Photo by Ian Dooley on Unsplash

Planning for marriage means thinking about your future - including the financial aspects. A prenuptial agreement can protect both partners and set clear expectations from the start. Let's break down exactly how to get a prenup in New York, what it means for you, and how to avoid common mistakes in the process.

Understanding Prenuptial Agreements in New York

A prenuptial agreement is a legal contract between two people before they marry. It spells out how they'll handle finances and property if they separate or divorce. Many people think prenups show a lack of trust or only protect the wealthy partner. This isn't true. Prenups can benefit both partners by creating clear financial guidelines and protecting individual assets.

Why Getting a Prenup in New York Is Important

Prenups give you control over your financial future. Without one, New York state laws determine how to split assets in a divorce. A prenup lets you and your partner make these decisions yourselves. It can protect business interests, inheritance rights, and separate property. It also helps prevent lengthy, expensive legal battles if the marriage ends.

Legal Framework for Prenups in New York

New York follows the New York General Obligations Law for prenuptial agreements. To be valid, your prenup must be:

In writing and signed by both parties
Properly executed with acknowledgment
Based on full financial disclosure
Fair and reasonable when signed
Not unconscionable at the time of enforcement

Step-by-Step Process for Getting a Prenup in New York

Start as early as possible - generally a few months before your wedding. Here's what to do:

Have an open discussion with your partner about finances
Gather all financial documents (bank statements, tax returns, asset lists)
Research your options and decide if you will go the traditional route, or go with an online provider like First.
Draft initial terms and negotiate
Review and revise the agreement
Sign and notarize the final document

Key Considerations When Drafting Your Prenup

Your prenup should address:

Property division (separate and marital)
Debt responsibilities
Spousal support terms
Business ownership and management
Inheritance rights
Estate planning considerations

Common Pitfalls and Mistakes in Prenuptial Agreements

Watch out for these common errors:

Rushing the process close to the wedding date
Incomplete financial disclosure
Using only one lawyer for both parties
Including unenforceable provisions
Making the agreement too one-sided
Failing to update the agreement when circumstances change

The Role of Legal Professionals in the Prenup Process

Each partner will have their own attorney to review and negotiate the agreement. Your lawyer will:

Explain your rights under New York law
Help draft clear, enforceable terms
Identify potential issues
Protect your interests during negotiations
Ensure proper execution of the document

Frequently Asked Questions About Getting a Prenup in New York

How much does a prenup cost in New York?

When you go the traditional attorney route, legal fees typically range from $3,000 to $10,000 per person, depending on complexity. First charges a fraction of this, saving you valuable time and money on your prenup.

How long does it take to get a prenup?

When you go the traditional attorney route, you need to plan for 2-3 months minimum to complete the process properly. When you get a prenup with First, you can get your draft in hours.

Can I modify my prenup after marriage?

Yes, with a written agreement signed by both parties and proper legal guidance.‍

What makes a prenup invalid in New York?

Fraud, coercion, incomplete disclosure, or terms that are extremely unfair can invalidate a prenup.

Conclusion: Is a Prenup Right for You?

A prenup can protect both partners' interests and create financial clarity in your marriage. Take time to consider your specific situation and discuss it openly with your partner. Start the process early, work with qualified attorneys, and focus on creating a fair agreement that works for both of you.

Ready to start? Schedule a free call with our concierge team to discuss your prenup options and begin protecting your financial future today.

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