Prenuptial Agreements (NY)

Summary

This practice note discusses issues and factors an attorney must contemplate when drafting and negotiating a prenuptial agreement for a client. A prenuptial agreement (colloquially known as a “prenup” and more formally known as an antenuptial agreement) is a contract made in anticipation of marriage. This is essential for counsel and clients to remember. Although it is used in a wildly different context than most other contracts, a prenuptial agreement is at base a contractual agreement. All the legal principles that apply to other contracts also apply to prenuptial agreements.