Also called ante-nuptial and pre-nuptial agreements, nuptial agreements govern specific issues in the event that a marriage is dissolved. There are several benefits to entering into a nuptial agreement. It provides certainty in the outcome of a divorce. It can streamline the divorce process saving time and money. It can ensure that separate property is protected and determine rights to alimony. A nuptial agreement can also provide for specific penalties for misconduct.
To be enforceable, a nuptial agreement must conform with New York contract law. It must be entered into absent fraud, duress, mistake, misrepresentation, and non-disclosure of material facts. It must not be unconscionable and facts and circumstances must not have changed to such a degree as to make enforcement unreasonable. Full disclosure of assets is the most common issue in validating a nuptial agreement.