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Your Guide to a Prenup in New York Without the Stress

Get straightforward instructions for setting up a prenuptial agreement in New York.

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Photo by Adrien Bruneau on Unsplash

Did you know that 63% of matrimonial attorneys report an increase in prenuptial agreements among millennials in New York? Getting a prenup doesn't mean you expect divorce - it means you're smart about protecting both partners' interests. This guide will walk you through the entire process of getting a prenup in New York, from initial conversations to signing the final document.

Understanding Prenuptial Agreements in New York

A prenuptial agreement is a legal contract between two people before marriage. It spells out how assets and debts will be handled during marriage and if the marriage ends. In New York, prenups can address property division, spousal support, and inheritance rights.

Unlike postnuptial agreements (made after marriage), prenups must be completed before you say "I do." New York couples often get prenups to protect business assets, maintain family wealth, or clarify financial responsibilities.

The Benefits and Importance of a Prenup in New York

A prenup can:

Protect your business interests and intellectual property
Keep family assets separate
Define financial responsibilities during marriage
Protect against future debt
Set clear expectations about inheritance

Legal Requirements for Prenuptial Agreements in New York

New York law requires several elements for a valid prenup:

Written agreement
Signatures from both parties
Proper notarization
Full financial disclosure
Independent legal counsel for each party

Statutory and Case Law Guidelines

New York follows the NY Domestic Relations Law Section 236(B)(3). Courts can invalidate prenups if they're unconscionable when signed or if either party didn't receive fair disclosure of assets. The landmark case Clermont v. Clermont established that prenups must be fair at the time of execution.

Step-by-Step Guide: How to Get a Prenup in New York

Step 1: Initial Considerations and Open Communication

Start early conversations with your partner about finances, goals, and concerns. Be clear about your reasons for wanting a prenup. Listen to their perspective and address any worries they might have.

Step 2: Hiring a Qualified Attorney

Find a New York practicing attorney. You can view our available attorneys here, read their bios, and see the number of years they have been practicing.

Step 3: Financial Disclosure and Documentation

Gather these documents:

Bank statements
Investment accounts
Property deeds
Business valuations
Tax returns
Debt statements

Step 4: Drafting the Prenup Agreement

Your attorney can draft terms covering property division, support obligations, and inheritance rights. Consider including provisions for future assets and income changes. Be specific about how property will be classified and divided.

Step 5: Reviewing, Revising, and Finalizing the Agreement

Take time to review the draft with your attorney. Make necessary revisions. Ensure all terms are clear and enforceable under New York law. Sign the agreement well before the wedding date.

Understanding the Costs and Timeline

When you go the traditional attorney route, fees typically range from $2,500 to $15,000 per person. The process usually takes 3-6 months. With First you can get your prenup ten times as fast for one tenth of the cost.

Common Pitfalls and Frequently Asked Questions

Avoid these common mistakes:

Waiting until the last minute
Hiding assets or debts
Using high-pressure tactics
Skipping independent legal counsel
Including unenforceable terms

Can I modify my prenup after marriage?

Yes, but both parties must agree and sign a properly executed modification.

What if someone hides assets?

Courts can invalidate the entire agreement if they find intentional asset concealment.

How do New York courts handle prenup disputes?

Courts examine if the agreement was fair when signed and if both parties had full financial disclosure.

Conclusion and Next Steps

Getting a prenup in New York requires careful planning and open communication. Start by having honest discussions with your partner. Remember that a well-drafted prenup protects both parties and sets clear expectations for your financial future together.

Want to learn more about First and our prenup packages? Set up a call today, we’re here to help!

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