A prenuptial agreement, commonly referred to as a prenup, is a legal document created by couples before they get married. This agreement outlines how their assets will be divided in case of a divorce or separation. Prenups have become increasingly popular in recent years, and for good reason – they offer a sense of financial security and peace of mind for both parties.

In New York State, prenuptial agreements are governed by the Domestic Relations Law. This law specifies the requirements for a prenup to be considered legally binding. First and foremost, the agreement must be in writing and signed by both parties. Additionally, it must be executed in front of a notary public or other authorized individual.

There are some limitations to what can be included in a prenup in New York. For example, the agreement cannot be used to determine child custody or support arrangements. It also cannot include provisions that are deemed illegal or against public policy.

One common misconception about prenups is that they are only necessary for the wealthy. However, this is not the case. A prenup can be useful for anyone who wants to protect their assets and ensure a fair outcome in case of a divorce. This can include individuals with significant savings, investment portfolios, or business interests.

When considering a prenup, it`s important to work with an experienced attorney who can ensure that the agreement is legally sound and comprehensive. It`s also important to start the process early, as prenups take time to draft and review.

Overall, a prenuptial agreement can provide peace of mind for both parties and protect assets in case of a divorce or separation. If you`re considering a prenup in New York, be sure to work with an experienced attorney to ensure that your agreement is legally binding and tailored to your specific needs and circumstances.