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Prenuptial Agreement Laws in New York

New York has no uniform premarital agreement act; under Domestic Relations Law 236(B)(3) a prenup is valid if in writing, signed by both parties and acknowledged like a deed, with no waiting period or lawyer requirement in the statute.

Last checked . General information, not legal advice.

New York at a glance

Uniform act
No uniform act: DRL 236(B)(3)
New York's own Domestic Relations Law provision governs agreements made before or during marriage.
Waiting or review period
No statutory waiting period
The statute requires a signed, acknowledged writing but no minimum time before the wedding.
Independent counsel required
No
DRL 236(B)(3) does not require independent counsel.

Sources

Last checked

The rules in New York

Has New York adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in New York: No uniform act: DRL 236(B)(3). New York's own Domestic Relations Law provision governs agreements made before or during marriage.

Is there a waiting or review period before signing a prenup in New York?

Waiting or review period in New York: No statutory waiting period. The statute requires a signed, acknowledged writing but no minimum time before the wedding.

Does New York law require each party to have an independent lawyer for a prenuptial agreement?

No. Independent counsel required in New York: no. DRL 236(B)(3) does not require independent counsel.

Where do the New York prenuptial agreement laws come from?

The rules above come from N.Y. Dom. Rel. Law 236(B)(3). Each source is linked on this page. We last checked them in October 2026.

Good to know

Maintenance terms must be fair and reasonable when made and not unconscionable when the final judgment is entered.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.