Are prenuptial agreements enforceable in New York?
New York is one of a minority of states that did not adopt the UPAA. Enforcement is governed by statute and a robust body of common law.
1. Governing Statute
N.Y. Dom. Rel. Law § 236(B)(3) governs nuptial agreements made before or during marriage. New York rejected the UPAA; courts apply general contract principles overlaid with equitable scrutiny.
2. Formality Requirements
The agreement must be in writing, subscribed by both parties, and acknowledged or proven in the manner required for the recording of a deed (§ 236(B)(3)). The acknowledgment requirement is strict — Matisoff v. Dobi, 90 N.Y.2d 127 (1997), invalidated an unacknowledged postnup, and Galetta v. Galetta, 21 N.Y.3d 186 (2013), reaffirmed that defects cannot be cured retroactively.
3. Voluntariness
Courts examine duress, coercion, undue influence, and timing. While no statutory cooling-off period exists, agreements signed on the eve of the wedding receive heightened scrutiny.
4. Disclosure
New York does not impose a statutory disclosure requirement, but failure to disclose substantial assets is strong evidence of overreaching. Christian v. Christian, 42 N.Y.2d 63 (1977), set the standard: agreements may be invalidated where there is fraud, duress, or terms so one-sided as to be manifestly unfair given the parties' relationship.
5. Unconscionability / Manifest Unfairness
A prenup may be set aside if the result is manifestly unfair and that unfairness resulted from overreaching at execution. New York courts review unfairness at the time of execution, not enforcement (Cohen v. Cohen, 93 A.D.3d 506).
6. What Cannot Be Waived
Child support and custody cannot be set in advance. Spousal-maintenance waivers are permitted but reviewed for unconscionability at the time enforcement is sought, per DRL § 236(B)(3) and § 5-311 of the General Obligations Law.
7. Key New York Case Law
Christian v. Christian (1977); Matisoff v. Dobi (1997); Galetta v. Galetta (2013); McCourt v. McCourt (Dodger ownership prenup litigation, illustrative).
This is legal information, not legal advice.
- Notary acknowledgment missing or defective on the original prenup
- Maintenance waiver now leaves a spouse on public assistance
- Allegations of overreaching or pressure during signing
- N.Y. Dom. Rel. Law § 236(B)(3)
- N.Y. Gen. Oblig. Law § 5-311
- Christian v. Christian, 42 N.Y.2d 63
- Matisoff v. Dobi, 90 N.Y.2d 127
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.