NY · PRENUP · Updated July 2026 · Free
New York Prenuptial Agreement
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New York at a glance: Acknowledgment Rule: Must be notarized with statutory deed acknowledgment · Voluntary Waiver: Alimony/property waivers must be fair and reasonable · Governing Law: N.Y. DRL § 236(B)(3)
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Overview
Prenuptial Agreements in New York
New York prenuptial agreements are subject to strict statutory execution rules under Domestic Relations Law Section 236(B)(3).
To be valid in New York, the prenup must be in writing, signed by both parties, and acknowledged in the same manner required to record a deed (notarized with specific statutory acknowledgment language).
Key Facts
New York Prenuptial Agreement — Quick Reference
| Requirement | New York Rule |
|---|---|
| Acknowledgment Rule | Must be notarized with statutory deed acknowledgment |
| Voluntary Waiver | Alimony/property waivers must be fair and reasonable |
| Governing Law | N.Y. DRL § 236(B)(3) |
Legal Requirements
New York Legal Requirements
- Must be signed and notarized with specific deed acknowledgment forms.
- Waivers of maintenance (alimony) must not place a spouse in danger of becoming a public charge.
Governing Laws
New York Governing Laws
N.Y. DRL § 236(B)(3)
Agreement of the Parties
Mandates specific notary acknowledgment and fairness standards for prenuptial agreements.
Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.
Questions & Answers
New York Prenuptial Agreement — Frequently Asked Questions
What is the deed acknowledgment requirement in New York?
It is a specific notary block where the notary certifies that they know the person or have proof of identity, and that the person acknowledged signing the deed/document. A standard simple notarization is insufficient.