How to Properly Sign a Prenuptial Agreement in New York

by NYC Prenup Staff

At NYC Prenup, one of the most common questions we receive is about how to properly sign a prenuptial agreement. People often want to know if they need witnesses. A Notary Public? Should it be filed with the county? Or the state? Does there need to be a publicly accessible copy? All these questions are perfectly valid and normal, especially because New York State law is very specific about how these agreements must be executed to be enforceable.

Below is the exact language from New York Domestic Relations Law §236(B)(3), which governs the validity of prenuptial and postnuptial agreements:

New York Domestic Relations Law §236(B)(3) provides as follows: “An agreement by the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded.  Notwithstanding any other provision of law, an acknowledgment of an agreement made before marriage may be executed before any person authorized to solemnize a marriage pursuant to subdivisions one, two, and three of section eleven of this chapter. Such an agreement may include (1) a contract to make a testamentary provision of any kind, or a waiver of any right to elect against the provisions of a will; (2) provision for the ownership, division or distribution of separate and marital property; (3) provision for the amount and duration of maintenance or other terms and conditions of the marriage relationship, subject to the provisions of section 5-311 of the general obligations law, and provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment; and (4) provision for the custody, care, education and maintenance of any child of the parties, subject to the provisions of section two hundred forty of this article. Nothing in this subdivision shall be deemed to affect the validity of any agreement made prior to the effective date of this subdivision."

Not everyone is versed in legal fluency, and this language can feel dense and overwhelming; that’s why we here at NYC Prenup put together a quick, practical breakdown of the statute.

What This Means for You

To ensure your prenuptial agreement is valid and enforceable in New York:

1. The agreement must be in writing.

Verbal promises or informal agreements are not recognized by the courts.

2. Both parties must sign it.

Each partner must personally sign the document.

3. The signatures must be properly acknowledged.

This is the key requirement.
Your prenup must be acknowledged in the same manner as a deed, which means:

  • You must sign in front of a notary public (or another authorized officiant).
  • The notary must confirm your identity, typically by checking a passport or driver’s license.
  • The notary must complete the acknowledgment section correctly.

4. You do not need witnesses.

A notary acknowledgment replaces the need for witnesses.

5. You do not file the prenup with the county or state.

Prenuptial agreements are private documents.
You keep the original, and your attorney keeps a copy.
They are only submitted to the court if a divorce action is filed.

How to Execute Your Prenup Correctly: A Quick Checklist

  • Bring the final agreement to a notary public.
  • Bring a valid photo ID.
  • Sign in front of the notary.
  • Ensure the notary completes the acknowledgment section.
  • Keep the original in a safe place.

We’re Here to Help

If you have questions about signing, notarizing, or finalizing your prenuptial agreement, our attorneys at NYC Prenup are always available to guide you through the process. We make sure your agreement is correct the first time, so you never have to worry about enforceability later.

NYC Prenup attorneys are standing by to assist you with all of your prenuptial agreement needs. Contact us today!

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