New York Model Letter to Client regarding Antenuptial Premarital Agreements - informational
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FAQ
A prenuptial agreement is valid and can be enforced as long as it protects both you and your spouse and it was entered into with a full and fair disclosure of all assets by both you and your spouse. The agreement must also be executed and acknowledged with the full formality required for a property deed to be recorded.
An antenuptial agreement or a prenuptial agreement is an agreement made between parties before getting married, permitting them to individually retain certain assets during the marriage and after the marriage if divorce arises.
A prenuptial agreement is valid and can be enforced as long as it protects both you and your spouse and it was entered into with a full and fair disclosure of all assets by both you and your spouse. The agreement must also be executed and acknowledged with the full formality required for a property deed to be recorded.
For example, some states may require the following elements to be present for a prenuptial agreement to be valid, as noted by Forbes: The agreement must be written, not oral. The agreement must be entered into and signed voluntarily. Both parties need to fully disclose their assets before signing the agreement.
New York Domestic Relations Law § 236(B)(3) authorizes spouses or prospective spouses to contract out of the elaborate statutory system and provide for matters such as inheritance, distribution or division of property, spousal support, and child custody and care in the event that the marriage ends.
A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.
In general, prenups don't expire. They're designed to go into effect should your marriage end by divorce or death. There are no expiration dates on prenups regardless of the state they're written in, where you get married, or where you end up living.
It is advised that you: Secure separate, independent counsel from your spouse. That you fully disclose all assets and liabilities. That you complete the prenup at least 30 days before the wedding.
