New York

Independent Counsel for New York Prenups

Why separate legal advice can be an important part of a careful premarital-agreement process.

One lawyer should not advise both sides

The parties may have different interests even when they agree on the overall goals. Independent advice helps each person understand rights, tradeoffs, and proposed waivers.

The legal effect varies by state

New York law should be reviewed for the effect of representation, lack of representation, and the circumstances surrounding execution. Do not assume another state’s counsel rules apply.

Counsel can improve the process

Independent attorneys can identify unclear provisions, confirm execution formalities, document negotiations, and help the parties address issues before signing.

Payment and independence are different issues

One party may sometimes agree to contribute to the other party’s fees, but the reviewing lawyer should remain loyal to that lawyer’s own client.

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.

Find a Prenup Attorney

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.