PRE-NUPTIAL AGREEMENTS
Pre-Nuptial Agreements are contracts between prospective spouses who are contemplating to be married. These contracts define the property rights of each of the prospective spouses during marriage and in the event of death, separation or divorce. A Pre-Nuptial Agreement becomes effective upon marriage.
Domestic Relations Law Section 236, Part B, (3) states that such agreements include the following subject matters: "(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 custody, care, education and maintenance of any child of the parties
