The Prenuptial Agreement Process in New York

New Yorkers are known for being realistic and savvy. Sure, the city that never sleeps is ripe for romance, but New Yorkers get that life can take unexpected twists and turns. 

New York law states that when a couple divorces their property should be divided in a way that is the most equitable. If you and your future spouse have money and/or property you want to protect in case the marriage ends, a prenuptial agreement could be a good option for you. 

A prenup allows you to get ahead of any future complications and talk specifics before you get married. If your marriage ends in divorce, in most cases your agreement will dictate how things are divided, and not the state law. 

How Does it Work?

Every New York couple is different and has their own unique circumstances. That being said, there are several steps that most people go through while crafting a New York prenuptial agreement. 

Honey, We Need to Talk: The Hardest Part of the Process

You’re engaged and probably have a wedding date and a venue booked. Raising a prenuptial agreement can be, in the words of relationship expert Jerry Seinffeld, a pretty big matzo ball hanging out there. 

You want to have this conversation well before your wedding date so you can talk it through without the pressure and stress of imminent nuptials. Once you both agree to having a prenup, you can move to the next step of actually drawing one up.

Each of You Needs an Attorney

You registered for his and her bath towels right? For a prenup it’s wise to get his and hers (or his/his hers/hers) attorneys. Yeah, it’s not as fun as shopping for waffle irons and pasta makers, but it will ensure that your agreement is legally sound.   

Having your own attorney will ensure that your interests are protected. Plus, a court looks more favorably upon an agreement in which both of you had lawyers. 

An Agreement is Crafted

You and your future spouse will disclose all of your assets and then come up with terms that you both generally feel are fair.  One of your attorneys will create a document based on the information that you provided. Then, the other attorney will read it over and make sure it provides ample protection for their client. 

Signed, Sealed, Delivered

Once both parties and the attorneys sign off on the agreement, the future spouses sign the agreement in front of a notary. Each of you gets an official copy of the agreement and another copy is often given to the attorneys to hold for safekeeping.

Don’t worry about people knowing your personal business. The prenup doesn’t need to be filed with any court. It’s a private document and no one but the couple and the attorneys need to know about it.