A prenuptial agreement can protect separate property in case the marriage falls apart and the couple divorces. New York follows the Uniform Premarital Agreement Act, which requires all prenuptial agreements to be in writing and signed by both parties to the agreement. In addition, the agreement must clearly state the parties’ intention to deviate from New York’s equitable division of property during the divorce, and instead divide the property according to the terms of the prenuptial agreement. However, New York law does not require the agreement to be filed with a governmental agency.
While a lawyer does not need to approve the agreement to make it valid, the law can be very confusing and you may want to have a lawyer review the document to make sure it will be enforceable.