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New York Prenuptial Agreement with Financial Statements

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PREMARITAL AGREEMENT

Read Before Signing: Important Notice

Each party to this agreement agrees that they have had an opportunity to consult with an attorney of their choice licensed to practice law in their state of residence (not the same attorney) and that have fully read, understand and agree to the terms of this agreement. Each party further agrees that they are not acting under duress or undue influence in executing this agreement and that execution of same is done freely and voluntarily.

This agreement, made this day of , 20 , between of ("first party or Wife"), and of ("second party or Husband"),

W I T N E S S E T H

WHEREAS, Husband (check all that apply):

has previously been married;

has a child or children;

has not been married; and

Wife (check all that apply):

has previously been married;

has a child or children;

has not been married.

The parties desire to enter into this agreement prior to their contemplated marriage.

WHEREAS, the parties hereto have accumulated separate estates; and

WHEREAS, the parties are about to contract marriage and execute this agreement in contemplation of marriage to be effective upon their marriage in accordance with the laws of the State of New York, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of New York; and

WHEREAS, the parties desire to enter into an agreement regarding certain properties, responsibilities, duties and obligations including but not limited to any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings; and

(3) (check One)

The parties have each executed a Last Will and Testament, copies of which are attached hereto as Exhibits and . The parties agree that these Wills are in conformity with the provisions of this agreement...
Initials if Selected:

OR

The parties shall not change their existing Will, if any, or make a new Will at this time, but any new Will executed shall be in conformance with the provisions of this agreement.
Initials if Selected:

(11) Not applicable or The parties further agree that in the event of divorce, the following additional provisions shall apply notwithstanding the other provisions of this agreement:

(a) The Wife shall be entitled to receive property of Husband described as follows:

(b) The Husband shall be entitled to receive property of Wife described as follows:

(c) The following property shall be sold and the proceeds, less expenses divided equally between the parties:

(d) The Husband shall pay a lump sum settlement to Wife described as follows:

(e) The Wife shall pay a lump sum settlement to Husband described as follows:

(f) The marital domicile shall be:

(g) Both parties waive the right to alimony and property settlement, except as otherwise provided herein.

(18) Each party further agrees and affirms as follows:

(a) That the party did execute the agreement voluntarily; and

(b) That this agreement is not unconscionable when it was executed; and

(c) Both parties were provided prior to execution of this agreement a fair and reasonable disclosure of the property or financial obligations of the other party;

(d) That he and she did have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

The parties hereby execute this agreement in several counterparts, any executed copy of which shall be considered for all purposes as an original, on the day and year above written.

FIRST PARTY (“WIFE”)

SECOND PARTY (“HUSBAND”)

Approved:

Attorney for First Party:

Attorney for Second Party:

Note: This agreement must be executed before a notary public.

Certificate of Acknowledgment

State of New York ) ss.:

County of )

On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument...

Notary Public, State of

Printed Name:

Commission Expires:

State of New York ) ss.:

County of )

On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument...

Notary Public, State of

Printed Name:

Commission Expires:

Financial Statement Disclosure Information

This financial statement disclosure is for use in connection with a premarital agreement and should be completed accurately and completely. This statement should contain a full disclosure of all your assets and liabilities. You should initial each page and sign the last page. Your prospective spouse should also sign the last page acknowledging receipt.

Both persons must complete a separate financial statement and provide it to the other party. Two forms are enclosed, one for each party.

Personal Financial Disclosure Statement

To: Date:

Individual Information

Name:

Address:

City: State: Zip

Occupation:

Phone:

Current Assets / Current Liabilities

Cash on Hand or in Banks Notes Payable (Secured)

Other Cash: Notes Payable (Unsecured)

Real Estate (other than residence) Real Estate Mortgages Payable

Residence Auto Loans

Motor Vehicles Unpaid Taxes and Interest

US Government Securities Due to Brokers

Non-Marketable Securities Open Accounts

Stocks Credit Cards (List)

Other Personal Property Visa

Life Insurance Cash Value

Business IRA

Notes Receivable

Other Assets:

Personal IRA

Antiques

Partnership Assets Residential Mortgage

Total Liabilities

TOTAL OF ALL ASSETS

LESS TOTAL OF ALL LIABILITIES

NET WORTH

Total Assets

Individual Income Information (Annual)

Salary

Bonus

Commissions

Dividends

Rental Income

Other Income (List):

Total Income

Contingent Liabilities

Guarantor, Co-maker

Lease or Contracts

Legal Claims

Other:

Schedules

SCHEDULE “A” REAL ESTATE

Description of Real Estate Cost Market Value Date Acquired

SCHEDULE “B” MOTOR VEHICLES

Description of Motor Vehicles Cost Value

SCHEDULE “C” U.S. GOVERNMENT SECURITIES

Description of Stock or Bond Date Acquired Par Value Market Value

SCHEDULE “D” NON MARKETABLE SECURITIES

Description Date Acquired Par Value Market Value

SCHEDULE “E” STOCKS

Company Shares Date Acquired Par Value Market Value

SCHEDULE “F” NOTES PAYABLE SECURED

Description Date Balance Payment (m/yr)

SCHEDULE “G” NOTES PAYABLE UNSECURED

Description Date Balance Payment (m/yr)

SCHEDULE “H” REAL ESTATE MORTGAGES

Description Date Balance Payment (m/yr)

SCHEDULE “I” AUTO LOANS

Description Date Balance Payment (m/yr)

Certification to Financial Statement

I certify this Statement to be true and correct as of the date indicated; that this financial statement is a full and fair disclosure of my assets; and that I provided a true and correct copy of this financial statement to on .

Signature

Date:

I acknowledge receipt of this financial statement and disclosure.

Signature

Date:

Enter text✕

What the New York Prenuptial Agreement with Financial Statements Is

A New York Prenuptial Agreement with Financial Statements is a written contract between prospective spouses that records agreed property rights, debt allocation, and spousal support arrangements, accompanied by detailed schedules of assets, liabilities and income. The financial statements provide disclosure that helps courts assess fairness if enforcement is contested. While parties may use electronic execution where permitted, the agreement should reflect informed consent, signatures by both parties, and documentation of full financial disclosure to reduce the risk of later challenge.

Why a Prenuptial Agreement with Financial Statements Matters

The agreement clarifies property division, limits litigation risk, and sets expectations for support while the attached financial statements show each party’s assets and liabilities, which supports enforceability and reduces later disputes.

Why a Prenuptial Agreement with Financial Statements Matters

Who Typically Completes This Agreement

Prospective spouses, family law attorneys, and financial advisors commonly prepare and review prenuptial agreements that include financial statements.

  • Prospective spouses: Provide full asset, debt, and income details and sign after independent review.
  • Family law attorneys: Draft and review terms to meet enforceability standards and advise on disclosure.
  • Financial advisors / CPAs: Prepare schedules, valuations, and assist with accurate financial statements.

Each participant has a distinct role: the parties supply facts, counsel ensures legal sufficiency, and financial professionals prepare schedules where needed.

Core Components of a Professional Prenuptial Agreement with Financial Statements

A complete agreement pairs clear contractual terms with supporting financial schedules so judges can evaluate fairness and each party’s knowledge of assets and liabilities.

Parties & Recitals

Names, domicile, and recital of intent explaining the relationship, purpose of the agreement, and the effective date for contractual clarity.

Asset Schedules

Detailed lists of real property, bank accounts, investments, retirement accounts, and ownership percentages, with valuation dates and sources where applicable.

Debts and Liabilities

Itemized obligations including mortgages, student loans, credit lines, and contingent liabilities with creditor names and balances or ranges.

Support and Alimony

Clear provisions on spousal maintenance including waiver language or formulae, and conditions that modify or terminate support obligations.

Financial Statements

Signed written schedules or attachments showing assets, liabilities, income, and expenses; disclosure reduces claims of concealment or coercion.

Execution Clause

Signature blocks for both parties, notary acknowledgment if used, attorney acknowledgments, and any witness lines required by local practice.

Step-by-Step: Completing the Agreement

Follow these sequential steps to prepare, review, and finalize a New York Prenuptial Agreement with Financial Statements.

  • 01
    Gather documents: Collect bank statements, tax returns, and asset valuations.
  • 02
    Draft terms: Document property division, support, and exceptions.
  • 03
    Disclose finances: Attach signed financial schedules for both parties.
  • 04
    Execute properly: Sign, date, and complete any acknowledgment or notarization steps.

How Execution and Exchange Typically Work

A clear execution workflow reduces ambiguity and supports later enforcement when terms or disclosures are challenged.

  • Prepare document: Draft agreement and attach financial statements.
  • Review independently: Each party reviews with separate counsel when possible.
  • Sign and acknowledge: Parties sign; complete notary or acknowledgment steps if desired.
  • Retain copies: Provide executed copies to each party and counsel.

Typical Digital Workflow Settings for Online Completion

Configure the signing workflow to capture consent, identity, and a tamper-evident record when completing the agreement online.

Field Configuration
Signer Order Simultaneous or sequential signing
Authentication Email link plus SMS code or knowledge-based steps
Audit Trail Capture IP, timestamp, and action log
Storage Encrypted PDF with export and retention controls

Platform and Format Considerations

Ensure the platform you use supports authenticated e-signing, secure storage, and export in common formats.

  • File formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Microsoft 365
  • Authentication: Email, SMS, or stronger methods

Sample eSignature Pricing Comparison for Agreement Execution

Compare starting prices, trial availability, bulk send, audit trail, HIPAA compliance, and envelope caps across vendors; signNow is listed first per vendor comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Yes (BAA) Yes (BAA) No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Security and Compliance Considerations

Transport Encryption: TLS 1.2/1.3
Data at Rest: AES-256
Certifications: SOC 2 Type II
Privacy Frameworks: GDPR and CCPA compliance
Health Records: HIPAA compliant (BAA required)
Regulated Records: 21 CFR Part 11 support available

Common Risks and Legal Consequences of Mistakes

Unenforceability: Incomplete disclosure may render agreement voidable
Support Exposure: Improper waivers can be overturned by courts
Tax Issues: Misstated values can create tax liabilities
Forgery Risk: Unsigned or forged documents are invalid
Notary Errors: Incorrect acknowledgments may raise disputes
Evidence Gaps: Lack of audit trail complicates enforcement

Frequent Preparation Errors to Avoid

  • Signing too close to the wedding date, which can create claims of duress and increase the likelihood of invalidation.
  • Providing vague asset descriptions or failing to attach supporting statements, which invites later valuation disputes and litigation.
  • Skipping independent legal advice for one party, increasing the chance a court will find the agreement unconscionable.
  • Using an unsecured signing process or omitting an audit trail, which weakens evidence of consent and attribution.

Practical Tips for Accurate Completion

Adopt consistent practices that protect both parties and preserve enforceability.

Full financial disclosure
Provide complete schedules, include valuation dates and supporting documents, and have each party sign the financial statements to prevent later claims of concealment.
Independent counsel
Each party should be offered independent legal advice; courts view the presence or absence of counsel when assessing fairness and coercion allegations.
Allow review time
Avoid last-minute signing; allow sufficient time between delivery and execution to reduce duress or duress claims.
Preserve audit trail
Use a platform or process that records timestamps, IP addresses, and a certificate of completion to support attribution.

Timing Considerations and Recommended Deadlines

While no uniform statutory waiting period governs prenuptial agreements, timing affects courts’ view of voluntariness; follow these recommended milestones.

Draft Completion:

Complete a draft at least 30–60 days before the wedding when possible

Independent Review:

Allow each party time to consult counsel before signing

Execution Date:

Date the agreement on the day parties sign to avoid ambiguity

Delivery of Copies:

Provide fully executed copies to both parties and counsel immediately

Record Retention:

Retain originals and executed financial statements per retention guidance

Representative Use Cases

These short examples illustrate common scenarios where a prenuptial agreement with financial statements is useful.

High-Net-Worth Spouse

A business owner seeks certainty before marriage

  • agreement allocates premarital business income and protects future growth
  • thorough financial schedules and independent counsel for both parties reduced future litigation and preserved business continuity.

Debt Allocation

One partner has significant student loan debt

  • agreement assigns responsibility for premarital debts and sets expectations
  • clear debt schedules and signed acknowledgments prevented dispute after separation and limited creditor claims on the other party’s assets.

Frequently Asked Questions

Answers to common questions about enforceability, signatures, disclosures, and e-signing practices for New York Prenuptial Agreements with Financial Statements.


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