Prenuptial Agreement Requirements in New York

At a glance

Requirements one by one

New York uses a state-specific agreement statute

N.Y. Dom. Rel. Law § 236(B)(3), rather than a version of the UPAA, governs an agreement made before or during marriage when enforcement is sought in a matrimonial action.

The agreement must be written and subscribed by both parties

Section 236(B)(3) requires a writing subscribed by the parties. It says the agreement may be made before marriage, but it does not state a separate consideration rule or a uniform effective-on-marriage clause.

Deed-style acknowledgment or proof is mandatory

Signatures alone do not complete the statutory form. The agreement must also be acknowledged or proved in the manner required to entitle a deed to recording. Under N.Y. Real Prop. Law § 298(1), a New York notary public is one officer who may take the acknowledgment; the section lists other authorized officers too.

For an agreement made before marriage, § 236(B)(3) separately allows the acknowledgment to be taken before a person authorized by the cited provisions to solemnize a marriage. The prenup statute states no additional witness count.

The statute has no disclosure-waiver checklist

Section 236(B)(3) does not prescribe a UPAA-style fair-disclosure, written- waiver, or adequate-knowledge formula for a prenup. It instead places the express two-time fairness rule on maintenance and other terms and conditions of the marriage relationship.

That statutory silence is not a promise that omitted or misleading financial information is harmless in a particular dispute. It means New York's statute does not supply the same disclosure safe-harbor checklist used in many UPAA states.

No counsel or pre-wedding period appears in the statute

Section 236(B)(3) does not impose separate counsel, a counsel-waiver document, a final-draft review period, or a minimum number of days before the wedding. The deed-style acknowledgment remains mandatory regardless.

Fairness is tested when made and at final judgment

For maintenance and other terms and conditions of the marriage relationship, § 236(B)(3) requires the terms to be fair and reasonable when made and not unconscionable when final judgment is entered. The statute therefore states both an execution-time and an enforcement-time standard.

Maintenance terms remain subject to both fairness points

The statute permits a provision for the amount and duration of maintenance. Any limitation or waiver expressed through that amount-and-duration term must meet the same fair-and-reasonable-at-making and not-unconscionable-at-judgment requirements.

Child provisions remain subject to court authority

Section 236(B)(3) permits provisions for a child's custody, care, education, and maintenance only subject to § 240. Under § 240(1)(a), the court enters custody and support orders as justice requires after considering the case, the parties, and the child's best interests.

Modification or discharge repeats the execution form

No modification or discharge is effective unless it is in writing, subscribed by the parties, and acknowledged or proved with the same deed-recording formality required for the original agreement.

What trips people up

• A signed document can still miss the statutory form. The separate acknowledgment-or-proof step is part of § 236(B)(3), not merely a prudent add-on.
• The statute covers agreements made during marriage too. This page remains limited to the ordinary premarital use; the statute's broader reach does not turn this survey into a postnuptial-agreement guide.

Common questions

Can a New York prenup address rights at death?

Yes. Section 236(B)(3) permits a contract to make a testamentary provision and a waiver of a right to elect against a will. The execution requirements for any separate estate-planning instrument remain a separate question.

Is a notary the only person who can take the acknowledgment?

No. N.Y. Real Prop. Law § 298 lists several authorized officers. A notary public is the ordinary statewide option, and § 236(B)(3) adds a special route for a premarriage acknowledgment before a person authorized by the cited marriage-law provisions to solemnize a marriage.

Statutes and sources

• N.Y. Dom. Rel. Law § 236(B)(3) — writing, deed-style acknowledgment or proof, permitted terms, two-time fairness standard, child-review rule, and modification/discharge form. Official New York law (accessed 2026-07-27).
• N.Y. Real Prop. Law § 298(1) — officers authorized to take a New York real-property acknowledgment or proof, including a notary public. Official New York law (accessed 2026-07-27).
• N.Y. Dom. Rel. Law § 240(1)(a) — court custody and support orders with regard to the child's best interests. Official New York law (accessed 2026-07-27).