What to Know About Prenuptial Agreements in New York

Two individuals engaged in a review or signing of divorce documents at a table, focusing on the task at hand with papers and a pen.

If you and your spouse are considering drafting a prenuptial agreement, you will likely require the assistance of an experienced Nassau County prenuptial agreement lawyer. To learn the benefits of drafting a prenuptial agreement, what makes a prenuptial agreement valid and enforceable in New York, and how our attorneys can assist you, continue reading and reach out to our dedicated firm.

What are the benefits of drafting a prenuptial agreement?

Drafting a prenuptial agreement has many benefits. Your prenuptial agreement can protect various premarital assets from the pitfalls of divorce. This may include assets such as your home, inheritance, and many more. You can also create certain clauses within your prenuptial agreement such as alimony clauses, fidelity clauses, and marital real estate clauses. Each of these clauses can predetermine alimony terms and various other property distribution issues in the event of a divorce.

What makes a prenuptial agreement valid and enforceable in New York State?

When a legal document is not considered valid and legally enforceable, it is virtually useless. This is why it is essential that you retain the services of an experienced attorney who can ensure that your prenuptial agreement meets various criteria. Your prenuptial agreement must meet the following qualifications for it to be considered valid and enforceable in Nassau County:

  • It must be drafted before marriage
  • It must be in writing
  • It must be executed voluntarily
  • It must include full disclosure at the time of execution
  • It must be fair and just to both parties
  • It must be executed by both parties in front of a notary

Once you are married, you are no longer able to draft a prenuptial agreement. However, you can still draft a document that will serve a similar purpose known as a postnuptial agreement. Postnuptial agreements are drafted exclusively after marriage but will assist spouses in protecting their assets in the event of a divorce.

If you are seeking to draft a prenuptial agreement in New York, it is important that you retain the services of an experienced Nassau County family law attorney who will assist you in this process to ensure that your agreement is valid and enforceable. To learn more about our firm and how our services can assist you, give us a call today to schedule your initial consultation with our legal team.


Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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