Are Prenups Enforceable in New York?
Are Prenups Enforceable in New York?
Absolutely! In fact, many out-of-state couples come to New York to get married just so they can have a New York prenup. That’s because a New York prenuptial agreement is stronger and more enforceable than in most other states.
But to make sure your prenup is as ironclad as possible, you must have the following:
Full Disclosure – Both parties must fully disclose their assets, debts, tax returns, and income. Without complete transparency, the prenup may not hold up in court.
Fair Terms – The prenup cannot be egregiously unfair—either when it’s signed or when one party tries to enforce it. What does “egregious” mean? It means so unfair that it “shocks the conscience.” In short, the agreement has to be reasonably fair.
Proper Execution – The prenup must be signed and acknowledged. Acknowledgment is a special form of notarization—similar to what’s required when recording a deed at the clerk’s office. This means it must be signed in front of a notary public with specific legal language.
These three factors are crucial to ensuring your prenuptial agreement is enforceable. And remember—you shouldn’t wait until you’re thinking about divorce or on your deathbed to wonder whether your prenup will hold up!
Got questions? Give us a call—we’d be happy to chat with you.
Don’t hesitate to reach out at info@miller-law.com or call us at (914) 685-9805. Thanks for listening!