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In New York, a prenuptial agreement is made before marriage and will take effect as soon as the couple marries. Prenuptial agreements must be in writing and signed by both future spouses before a notary public. The court won't accept an oral antenuptial agreement or an unsigned agreement.

It's important to understand that this is not just a union of two people but an economic partnership as well. Marrying couples in New York may want to consider working with a family law attorney to draft a prenuptial agreement in order for each partner to protect themselves in the event of a divorce.

Requirements of a Valid New York Prenuptial Agreement The document itself must be written, both partners must sign it, and it must be witnessed by a notary public in order to be valid. In the case of an unsigned or oral prenuptial agreement, the court will not accept it.

Separate attorneys ? you and your spouse should have separate attorneys if you are going to enter into a postnuptial agreement. If you do not have separate attorneys, the court will look at your postnuptial agreement more closely for unfairness and may not enforce the postnuptial agreement.

It is advised that you: Secure separate, independent counsel from your spouse. That you fully disclose all assets and liabilities. That you complete the prenup at least 30 days before the wedding.

Couples in California Can Write Their Own Prenups Under the California Uniform Premarital Agreement Act, as long as the contract respects and fulfills the state's legal requirements, it will be viewed as a valid and legally binding agreement with or without input from a licensed attorney.