Walking down the aisle in the Big Apple soon? Congratulations on your upcoming marriage! It’s a huge step in life, but it’s also important to consider a prenuptial agreement to align with your partner on your life goals and also protect your future self. A prenuptial agreement is a contract between two prospective parties that are planning to be married and is a way for both parties to determine how their property and assets can be managed ahead of time, if the marriage ends in divorce or the death of a spouse. But what requirements are there? Do you need a lawyer? Let’s dive into everything you need to know about getting a prenup in NYC.
What is the UPAA/UPMAA?
The Uniform Premarital Act was drafted in 1983 with the hopes of creating uniformity across the US as it pertains to prenuptial agreements. In other words, it attempted to create a uniform law template that all states would adopt to make enforcing prenups across the states possible. In 2012, it was revised and renamed the Uniform Premarital and Marital Agreements Act. Currently, twenty-nine (29) States have adopted one of these uniform laws. The State of New York is not one of the twenty-nine States that have adopted the UPAA/UPMAA standards. However, they do allow premarital agreements. If you choose to reside outside New York state after marriage, your New York agreement is not necessarily enforceable, but there is a good chance. Every state has different laws on how it treats out-of-state prenups.
Do I need a prenup lawyer in NYC?
It’s not a legal requirement to hire a prenup lawyer in NYC, though hiring one can help increase the odds of enforceability for your prenuptial agreement because New York courts typically consider the presence or absence of an attorney when determining whether to set aside the agreement. In addition, hiring a lawyer can become crucial if you’re waiving alimony in New York due to the new alimony waiver requirements laid out by J.M. v. G.V. (2025), which requires specific alimony calculations plus incomes. This can be difficult to do as a non-lawyer. The bottom line? A prenup lawyer isn’t required in NYC, but it can help with enforceability and is especially recommended if either party is waiving alimony.
What state should I select for my prenup?
It depends. Generally, the rule of thumb is to choose the state where you plan to reside as a married couple during the marriage. However, if it is not possible to determine what state you’ll be living in, it’s best to consult with an attorney in your state (and the states you are considering). As a reminder, a “choice of law clause” is the clause in your prenup that states which state law governs the creation and enforcement of your prenup. This is important because it also generally says what laws govern the creation of the agreement, meaning how it is created, signed, and executed, such as whether it requires witnesses, notarization, independent legal counsel, or financial disclosures. The state you choose can have a huge impact on whether your prenup is considered valid and enforceable down the line, especially if you divorce in a different state. That’s why it’s important to thoughtfully select the governing law and make sure your prenup is drafted in compliance with that state’s specific requirements.
What can a NYC premarital agreement contain?
A Premarital Agreement can specify what happens to property and assets in the event of the death of a spouse or divorce. In New York, an agreement can specify, for example:
- Maintaining separate property
- Responsibility for separate debt
- Maintaining separate income
- Retaining inheritance and gifts
- Determining the division of future earnings, assets, investments, and property
- Waiving certain rights (i.e., spousal inheritance, alimony)
If there is a waiver of spousal support (also known as spousal maintenance in New York), the clause must contain specific calculations of the future alimony calculations within the waiver with respective income amounts. This rule stems from a recent 2025 decision (J.M. v. G.V., (2025). The court has discretion and ultimately the final say if the agreement is deemed “unconscionable,” meaning unfair. If the child has been born prior to the marriage, child support and custody may be included, however the court has discretion to change or modify the arrangement.
What makes a prenuptial agreement enforceable in NYC?
In New York, prenups are governed by the Domestic Relations Law Section 23 (B)(3) and by case law, unlike the states that follow the UPAA/UPMAA guidelines. Here is what is needed for a NYC prenup to be enforced:
- The agreement must be executed prior to marriage
- It must be in writing, signed, and notarized in the same manner as a deed
- The agreement must be entered into voluntarily, without any fraud, duress, or coercion
- There must be full financial disclosure of all assets, debts, and income
- The agreement must not be unconscionable
- Hiring a lawyer is not required, but highly recommended, and can increase the chances of enforceability
The prenup should also be done within a “reasonable” amount of time before the wedding, so there is no later recourse for one member of the party to claim that he or she signed under duress or was coerced into signing the agreement.
What makes a premarital agreement unenforceable?
A prenup in NYC can be considered unenforceable if the agreement:
- Doesn’t follow the proper formalities, such as notarization
- Isn’t entered into voluntarily by one party
- There is a lack of proper financial disclosure
- There isn’t a knowing waiver of certain rights
- The agreement is unconscionable
Agreements can also be unenforceable if they include incentives for divorce, are deceptive in nature, or have unfair clauses. Unfair clauses, for example, may be overly one-sided, require one party to get cosmetic surgery, or lose weight.
Questionable enforceability
There are additional items that may be included in a NYC premarital agreement, but may not end up being enforceable. Issues regarding custody and child support can be written into the agreement, but the courts ultimately have the final say. Other issues that may or may not be enforceable are clauses dealing with infidelity or initiating divorce. These types of clauses have “questionable enforceability” because many of these issues have not been addressed by a New York statute or case law, so it’s unclear how it would shake out in the event it were heard by a higher court.
New York terms and statutes as defined under Domestic Relations §236
Here are some more important terms and statutes that you should be aware of when trying to understand the laws in New York.
- Marital Property is defined as property and assets acquired jointly beginning when the couple is married. Because New York is an “equitable distribution” state, in the event of divorce, marital property is divided “fairly” (not necessarily 50-50), and the court has significant discretion in making this call.
- Separate Property is defined as property individually owned and maintained by each party, which may be premarital property or other types of property.
- Alimony in New York can be temporary or permanent, and the amount and duration are determined by many factors. Some factors that determine the length of time one receives alimony may include the length of the marriage and the potential for employment.
- Asset/Debt Statute in New York divides the marital assets and the debt “fairly” under “equitable distribution.
- The divorce statute in New York is officially called an “Action for Divorce.” To get a divorce in New York, the couple’s marriage must be considered “irretrievable” after six (6) months and be residing in New York or be separated for one (1) year, and one party must have been residing in New York during that year. New York offers two types of divorce, “no-fault” and “at-fault”. For an “at-fault” divorce, one party must prove the other party committed one of the acts that are grounds for an “at-fault” divorce.
New York case law on prenuptial agreements
Case law is the legal term for the court opinions that help us understand how New York courts treat prenuptial agreements, should they ever be challenged during a divorce.
Werther v Werther, (2005): The court has the final say over child support
Months prior to their wedding, Mr. Werther presented the soon-to-be Mrs. Werther with a Prenuptial Agreement. She had approximately four months to look at it and was encouraged to take it to an attorney, but did not. The agreement had provisions for the division of property, assets, the waiver of alimony, and a child support plan. The morning of the wedding, the soon-to-be Mrs. Werther had not yet signed, and the couple went and had the agreement signed shortly before the wedding. When the couple later divorced, Mrs. Werther attempted to get the agreement invalidated because she claimed she signed under duress, and that Mr. Werther committed fraud, with the exception of the child support provision.
The bottom line on prenup lawyers in NYC
As you can see, getting a prenuptial agreement in NYC is as easy as 1-2-3. And hiring a prenup lawyer in NYC isn’t strictly required, though it is highly recommended, especially if you are waiving alimony. Prenuptial agreements in NYC are very much enforceable as long as you steer clear of questionable clauses, overly unfair clauses, and follow the requirements to create a valid agreement. So, with that said, go on and get that prenup inked so you can focus on the fun aspects of wedding planning, like picking your flowers and planning your bachelorette party. Happy planning!
Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here Questions? Reach out to Julia directly at Hello@Helloprenup.com.
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