New York has enacted sweeping reforms to its prenuptial agreement laws, establishing clearer standards for enforceability and requiring mandatory independent legal counsel for both parties.
Key Changes
The new law addresses decades of inconsistent court rulings by codifying specific requirements for valid prenuptial agreements.
- Both parties must have independent attorneys — agreements signed without dual representation are presumptively unenforceable
- Full financial disclosure required with verification; hidden assets void the agreement
- 7-day cooling-off period between final draft and signing
- Agreements cannot waive child support or restrict custody rights
- Sunset clause option allows agreements to expire after a specified number of years of marriage
Practical Impact
Family law attorneys expect the reforms to actually increase prenuptial adoption by reducing uncertainty. When both parties know the rules, negotiations proceed more smoothly and the resulting agreements carry greater legal weight.
