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When couples decide to marry, they often face the important decision of whether to create a prenuptial agreement. This legal document serves as a proactive measure, outlining how assets and debts will be managed in the event of a divorce or separation. In New York, the prenuptial agreement form includes essential components such as the identification of both parties, a detailed list of assets and liabilities, and provisions for spousal support. It is crucial for both individuals to fully disclose their financial situations to ensure fairness and transparency. Additionally, the agreement may cover matters like property division and inheritance rights, providing a clear roadmap for the future. By addressing these key aspects, the New York prenuptial agreement form not only protects individual interests but also fosters open communication between partners, setting a solid foundation for a healthy marriage.

Preview - New York Prenuptial Agreement Form

New York Prenuptial Agreement Template

This Prenuptial Agreement ("Agreement") is made and entered into by and between _______________ ("Party One") and _______________ ("Party Two") herein referred to as the "Parties", on this ___ day of _______________, 20___. The Parties intend to be lawfully married in the State of New York, and recognize that the State of New York's laws shall govern the interpretation, enforcement, and proceedings pursuant to this Agreement.

Recitals

The Parties wish to confirm their respective property rights and financial responsibilities before marriage. By entering into this Agreement, the Parties intend to establish certain rights and obligations regarding their current and future property.

Agreement

1. Disclosure of Assets and Liabilities

Each Party has fully disclosed to the other Party their current financial status, including all assets and liabilities. Attached hereto are Schedules “A” and “B”, which list the respective assets and liabilities of Party One and Party Two.

2. Separate Property

Both Parties agree that the property listed in Schedule “A” for Party One and Schedule “B” for Party Two, including future increases, decreases, and substitutions in such property, and any property acquired by either Party as a gift, bequest, devise, or inheritance, shall remain the separate property of that Party.

3. Marital Property

The Parties agree that any property acquired by either Party during the marriage through their joint efforts shall be considered marital property and shall be divided equally between them in the event of a divorce, annulment, or dissolution of marriage, except as otherwise agreed in writing.

4. Waiver of Rights

Each Party waives their right to spousal support, maintenance, or alimony under New York State law, to the extent permitted by law. This waiver does not apply in circumstances of extreme hardship or where it would be otherwise deemed inequitable or unjust.

5. Amendment and Revocation

This Agreement may only be amended, modified, or revoked by a written document signed by both Parties.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles.

7. Entire Agreement

This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all previous agreements, understandings, negotiations, and discussions, whether oral or written.

8. Acknowledgment

Each Party acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms. Furthermore, each Party confirms that they are entering into this Agreement voluntarily and without any duress or undue influence.

Signatures

Party One: ___________________________ Date: _______________

Party Two: ___________________________ Date: _______________

Witnessed by:

___________________________ Date: _______________

PDF Specifications

Fact Name Description
Purpose A prenuptial agreement outlines the financial and property rights of each spouse in the event of divorce or separation.
Governing Law New York's Domestic Relations Law governs prenuptial agreements, ensuring they are enforceable if properly executed.
Requirements Both parties must voluntarily sign the agreement, and it should be in writing to be valid.
Disclosure Full financial disclosure is essential; each party should provide accurate information about their assets and debts.
Enforceability Agreements may be challenged in court if deemed unconscionable or if one party was coerced into signing.
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