Free New York Prenuptial Agreement Template

A New York prenuptial agreement is a written agreement made before marriage about property, maintenance, and estate rights. New York’s Domestic Relations Law sets strict signing formalities that courts apply closely.

Two New York laws set the rules: the Domestic Relations Law and the Estates, Powers and Trusts Law.

Three Formalities

DRL § 236(B)(3) makes an agreement made before or during marriage valid and enforceable in a matrimonial action if it meets three conditions. The agreement must be in writing and subscribed by the parties. It must also be acknowledged or proven in the way required to record a deed.

Who Can Take the Acknowledgment

For an agreement made before marriage, the statute adds an option. Someone authorized to perform marriages under DRL § 11, subdivisions one through three, may take the acknowledgment.

Estate Waivers

EPTL 5-1.1-A(e) lets a spouse waive the right of election against a particular will, any will, or a testamentary substitute. A waiver of all rights in the other spouse’s estate also waives that election.

To count, the waiver needs a writing and the signature of the person making it. That person must also acknowledge or prove it like a real property conveyance. Timing is flexible, since the waiver works whether signed before or after the marriage.

It may not be enforceable at all. New York’s highest court, the Court of Appeals, has required strict compliance with DRL § 236(B)(3).

In Matisoff v. Matisoff (1997), the court held an unacknowledged marital agreement invalid. It found the statute recognizes no exception to the acknowledgment requirement.

Then in Galetta v. Galetta (2013), the court reaffirmed that rule. It held that failing to fully comply with the acknowledgment requirement prevents enforcement.

So treat the acknowledgment as essential to your New York prenuptial agreement, not a formality to finish later.

1. Finalize the written agreement. Both partners review the complete text.
2. Arrange an acknowledgment officer. Use a notary or another authorized official.
3. Sign and acknowledge. Each partner subscribes the agreement and acknowledges that signature before the officer.
4. Complete the acknowledgment certificate. Check that it meets deed-recording standards.
5. Cover any estate waiver. Make sure the waiver is also covered by a proper acknowledgment.

A New York prenuptial agreement typically covers:

• Which property stays separate and which is marital
• Maintenance terms
• Any waiver of the right of election
• Other estate rights each partner gives up
• Signature lines for both partners
• A proper acknowledgment certificate for each partner