STATE GUIDE · UPDATED 2026
Every OurPrenup agreement is built for the laws where you live.
Start your New York prenupYes — prenuptial agreements are legally enforceable in New York under New York law (NY DRL § 236(B)(3)). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It must be notarized, and both partners should have a real opportunity to review it well before the wedding.
Courts divide marital property fairly (not necessarily equally) unless your agreement says otherwise.
Yes. New York enforces prenuptial agreements under long-standing court decisions (case law). The governing law is NY DRL § 236(B)(3). The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.
Yes. New York requires prenuptial agreements to be notarized. Both partners sign in front of a notary, who verifies identity and applies their seal.
Witnesses are recommended (2) in New York, though not strictly required. More formality makes the agreement harder to challenge.
No — New York does not require either partner to hire a lawyer for a valid prenup. Independent review is still recommended, and every OurPrenup agreement documents that both partners had the opportunity to seek counsel.
No. New York is an equitable distribution state — without an agreement, courts divide marital property "fairly," which is not necessarily equally. A prenup replaces that uncertainty with rules you both chose.
Yes — New York allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.
Each partner must make a fair and reasonable disclosure of their assets, debts, and income before signing. Hiding assets is the fastest way to make a prenup unenforceable in New York. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.
New York has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.
Attorney-drafted prenups in New York commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete New York-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step New York signing instructions — with optional online e-sign and notarization for $50.
Both parties review the final prenuptial agreement and all attached financial schedules.
Both parties sign the prenuptial agreement.
Have 2 witnesses present and sign (strongly recommended).
Have the agreement acknowledged with a deed-style acknowledgment before a Notary Public. Each party must appear before the notary, orally confirm they signed, and the notary must verify identity and add their seal with specific acknowledgment language conforming to Real Property Law § 309-a.
Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.
5 people total at signing
This guide is general information about New York law, not legal advice. For advice on your specific situation, consult a licensed attorney in New York. See our full legal disclaimer.
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