A prenuptial agreement isn't about planning for divorce—it's about protecting both partners and ensuring clarity about financial matters before marriage.
What Prenups Can Cover
- Property division in case of divorce
- Protection of separate property and inheritances
- Debt allocation
- Spousal support (maintenance) terms
- Business ownership interests
- Estate planning considerations
What Prenups Cannot Cover
- Child custody or child support
- Non-financial personal matters
- Provisions encouraging divorce
- Anything illegal or unconscionable
Requirements for Enforceability
In New York, prenups must be:
- In writing and signed by both parties
- Acknowledged before a notary
- Entered into voluntarily
- Based on full financial disclosure
- Not unconscionable when signed
Timing Matters
Don't wait until the last minute. Courts may question agreements signed under time pressure. Start discussions months before the wedding to allow for thoughtful negotiation.
Each Party Needs Counsel
While not legally required, having independent attorneys for each party significantly strengthens enforceability and ensures both parties understand their rights.