New York

Financial Disclosure in New York Prenups

How to organize assets, debts, income, and financial obligations before signing a premarital agreement.

Disclosure is more than a list of bank accounts

A useful disclosure process considers real estate, businesses, investment and retirement accounts, trusts, equity compensation, debts, contingent interests, and other material financial rights or obligations.

The legal standard is state specific

New York does not simply import the UPAA disclosure formula used in states such as Florida or Texas. Disclosure and fairness should be evaluated under New York law and the circumstances of the agreement.

Good records reduce ambiguity

Schedules, statements, valuations, and supporting documents can help identify what was disclosed and reduce later factual disputes.

Complex wealth deserves extra care

Closely held companies, trusts, family entities, carried interests, private investments, and compensation packages may require more than a simple account balance.

Legal starting point: New York Domestic Relations Law § 236(B)(3). New York requires a marital agreement to be in writing, subscribed by the parties, and acknowledged or proven in the manner required for a deed to be recorded. New York does not use California’s seven-day rule, so state-specific execution formalities are especially important.

Talk with a New York prenup attorney.

Use PrenupSpot to organize your questions and request a match with counsel licensed in New York.

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General educational information only. PrenupSpot is not a law firm, and this page is not legal advice. Laws change, and the application of law depends on individual facts. Consult a lawyer licensed in the relevant state.