Grounds for Invalidating a Prenup in New York
As it turns out, there are ways to invalidate prenups.
January 31, 2024 at 10:00 AM
6 minute read
Prenuptial agreements are legal contracts that outline the division of assets and responsibilities between spouses in the event of a divorce. While these agreements are generally enforceable, there are specific grounds for invalidating a prenup in New York. Understanding these grounds is essential for anyone considering entering into a prenuptial agreement or facing a divorce where one is in place.
|Validity of Prenups
The permissibility for a couple to enter into prenuptial agreements in New York is codified in Domestic Relations Law 236 (B)(3). The statute states, "An agreement by the parties, made before… the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded."
Accordingly, prenuptial agreements, or premarital agreements, are legally binding documents that will generally be enforced so long as they meet the following criteria:
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