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: _______________