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Are out-of-state prenups valid in New York?

On Behalf of | Dec 10, 2021 | Prenuptial/Postnuptial Agreements |

It’s not uncommon to get married in one state and then move to another. Couples who have relocated to New York and are now looking at divorce might have a harder time in court than New York natives.

Divorcing in a new state brings about a lot of questions, like what agreements are still valid. Overall, prenuptial agreements do carry over from state to state but with some terms and conditions.

Are prenuptial agreements the same in every state?

Prenuptial agreements are different in many states. Of the 50 U.S. states, 29 have adopted a uniform prenuptial agreement, but New York is not one of those states.

However, all states are able to recognize prenuptial agreements despite where they were originally signed. There might be some variations that are settled in court during the divorce.

Most of the variations in prenuptial agreements come down to how the property is divided and what is considered fair. Generally, all prenuptial agreements must be fair and equal before they can be signed and enforced, but that definition changes from state to state.

How are prenuptial agreements enforced in New York?

New York traditionally recognizes most prenuptial agreements as long as it’s deemed that they’re not too egregious. For example, a prenuptial agreement can’t leave one spouse overwhelmingly struggling. New York does recognize separate and married property, making it easier to recognize prenups that address that difference.

Fighting a prenuptial agreement

Prenuptial agreements must be signed before a marriage, but things change. It’s important to bring up any circumstances that would require certain aspects of the prenup to be overruled.

Generally, a prenup is a solid contract that takes both parties’ interests into account. It’s important to know all of the terms and conditions before applying for a divorce.

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