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Requirements for a valid prenuptial agreement


In New York, a prenuptial agreement, also known as a premarital agreement or prenup, is a legal contract between two individuals who are planning to get married. A prenup can be used to specify how the parties' assets and debts will be divided in the event of a divorce, or to address other issues related to the marriage.


To be valid in New York, a prenuptial agreement must meet certain requirements:

1. It must be in writing and signed by both parties.

2. It must be entered into voluntarily, without coercion or duress.

3. It must be entered into with full disclosure of each party's assets and liabilities.

4. It must be entered into by parties who have had the opportunity to consult with their own attorneys.

5. It must not be unconscionable or against public policy.


In addition to these requirements, a prenuptial agreement in New York should also include a detailed list of the parties' assets and liabilities at the time the agreement is signed, as well as a clear and specific statement of how those assets and liabilities will be divided in the event of a divorce.


It is important to note that a prenuptial agreement cannot address certain issues, such as child custody and child support, as these issues are decided based on the best interests of the child at the time of the divorce.

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