New York Prenuptial Premarital Agreement with Financial Statements - New York 2025

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A court can declare a prenuptial agreement invalid if it finds something illicit in the agreements creation or filing, such as: Fraudulent Disclosure of Assets. Duress or Coercion. Unconscionable Terms. Signing Without Representation. Improperly Filed Paperwork. Signed Written Acknowledged Agreement. Mental Capacity.
Strategies to Protect Future Assets The guiding principle is to keep everything separate. Partners who have their own savings accounts, checking accounts and retirement accounts and also own real estate and other assets separately are more likely to be able to keep those assets out of the marital pool.
While couples can write their own prenup agreements, the benefit of working with a family law attorney is that you will be working with a professional who understands New York state law. A prenuptial agreement must be in writing in order to be enforceable in the state of New York.
If you do not have separate attorneys, the court will look at your postnuptial agreement more closely for unfairness and may not enforce the postnuptial agreement.
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.
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Financial statements help describe each persons financial information upon entering the marriage. These legal documents give future spouses and their attorneys a clear view of the available resources and obligations. Each fianc(e) prepares and shares their own disclosure statement.
In addition to providing bank statements and investment account statements, its also important to disclose income information. This includes but is not limited to: Pay stubs from current employment. Tax returns from the past few years.

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