New York Prenuptial (Premarital) Agreement

He proposes, she accepts, and the date for marriage is set. The couple sits down to discuss the flower arrangements, the band, and…the prenuptial agreement? The very idea makes many people hesitate: still fresh with the glow of romance, is it appropriate to think about the demise of the marriage?

Though they have been stigmatized in popular culture as cynical arrangements and romance-killers, prenuptial agreements have become more and more common in recent years. Indeed, with approximately 1/3 of all first marriages, and nearly ½ of all second and third marriages, ending in divorce, a prenuptial agreement may be seen not only as practical but as necessary. Without such agreements, the state may either grant each spouse one-half of the marital assets (if they live in a community property state ) or divide the assets based on an “equitable distribution” (if they live in a non-community property state). Any non-traditional or specific allocations that you wish to make should be covered by your prenuptial agreement to avoid the standard distributions.

A prenuptial agreement is a private agreement between two parties who are intending to marry that sets forth the distribution of assets (and debts) that will occur in the event of the parties’ divorce or death.

Among others, this form includes the following key provisions:

• Separate Property: Identifies the property that is solely that of the individual spouse
• Shared Property: Identifies the property that will be shared between the spouses
• Determination of Type of Property: Declares how other property will be divided amongst the spouses
• Alimony, Support, and Maintenance: Clarifies payments that will be made should the marriage end
• Wills: Describes the wills of the spouses and what provisions will be included
• Additional Clauses: Provides room for the spouses to make additional provisions

This attorney-prepared packet contains:

1. Prenuptial Agreement Information
2. Prenuptial Agreement

State Law Compliance: This form complies with the laws of all states