Free Prenuptial Agreement Template for New York
(with Instructions!)
The highlighted sections in blue should be customized to reflect your specific situation. This free prenuptial agreement template for New York includes sample information so you can see what a completed version might look like.
PRENUPTIAL AGREEMENT
of
BLAKE ALEXANDER SMITH
– and –
CASEY MORGAN NOAH
This Prenuptial Agreement (this “Agreement”) is made and entered into as of June 1, 2024 (the “Execution Date”), by and between:
Blake Alexander Smith (“Blake”)
Address: 123 Hudson Street, Apartment 9B, New York, New York 10013
and
Casey Morgan Noah (“Casey”)
Address: 45 West End Avenue, Apartment 21A, New York, New York 10023
(each, a “Party,” and together, the “Parties”).
RECITALS
A. The Parties contemplate a lawful civil marriage to be solemnized on July 6, 2024, in New York County, New York (the “Marriage”).
B. Each Party desires to define and preserve his or her respective rights and obligations in the property, income, estate, and support of the other, both during the Marriage and upon any separation, divorce, dissolution, annulment, or death.
C. Each Party has received a complete written disclosure of the other Party’s assets, liabilities, and income in the form of sworn net-worth statements attached hereto as Schedule 3 and has had adequate opportunity to inspect appraisals and backup documentation appended as Exhibit A.
D. The Parties enter into this Agreement freely, voluntarily, and with full knowledge of its legal consequences after consultation with independent counsel of their own choosing—Blake with Abrams, Ade & Keller, LLP, and Casey with Doyle, Rivera & Stein, P.C.—whose certificates are annexed hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual promises herein contained, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
ARTICLE I: DEFINITIONS
1.1 “Agreement means” this Prenuptial Agreement, together with all Schedules and Exhibits attached hereto.
1.2 “Commencement Date” means the date a matrimonial action is commenced.
1.3 “Separate Property” has the meaning assigned in DRL § 236(B)(1)(d) as modified by Article III of this Agreement.
1.4 “Marital Property” shall mean only property affirmatively characterized as such in a written amendment to this Agreement executed with the formalities required by Section 10.5.
1.5 “Title Controls Ownership” means that record title shall conclusively establish beneficial ownership of any asset except as expressly re-titled by deed, bill of sale, or written amendment to this Agreement.
ARTICLE II: GENERAL PRINCIPLES
2.1 Separate Intent. The Parties expressly intend to keep all property, real, personal, tangible, intangible, digital, or otherwise, acquired before, during, or after the Marriage as Separate Property unless the Parties later elect in a duly acknowledged writing to treat specified property as joint.
2.2 No Partnership or Joint Venture. Nothing in this Agreement shall be construed to create any partnership, joint venture, or fiduciary duty between the Parties other than those imposed by law upon spouses.
2.3 Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York without regard to its choice-of-law rules.
ARTICLE III: SEPARATE PROPERTY AND DEBT
3.1 Pre-Marital Separate Property. Each Party’s Separate Property as of the Execution Date is exhaustively listed on Schedule 1 (Blake) and Schedule 2 (Casey), together with appraised values certified in Exhibit A.
3.2 Future Inheritances, Bequests, and Gifts. Any property acquired by either Party during the Marriage by bequest, devise, descent, lifetime gift, trust distribution, or beneficiary designation from any third party shall remain that Party’s Separate Property, free of any claim by the other.
3.3 Personal-Injury Recoveries. Any judgment, settlement, award, or payment for personal injury, workers-compensation, or similar claim, and any derivative claims, including loss of consortium, shall remain the Separate Property of the injured Party, together with all interest and growth thereon.
3.4 Passive Appreciation. All market appreciation, interest, dividends, splits, reinvestments, and other passive increases in Separate Property shall remain Separate Property. If either Party actively contributes personal services that enhance the value of the other Party’s Separate Property business, asset, or investment, any resulting appreciation shall still be considered Separate Property unless the Parties later agree otherwise in a signed written amendment.
3.5 Business and Professional Practice Carve-Out. Increases in value, goodwill, or earning capacity attributable to either Party’s closely held business, professional license, celebrity status, or other personal right shall remain that Party’s Separate Property.
3.6 Title Controls Ownership. Record title, account registration, crypto-wallet address, or named beneficiary shall conclusively control ownership.
3.7 Real-Estate Reimbursement. If a Party (the “Contributor”) funds capital improvements or mortgage principal on Separate real property titled solely in the other Party’s name (the “Owner”), the Owner shall, within ninety (90) days of written demand following a sale, refinance, or divorce, reimburse the Contributor the documented amount of such contributions plus simple interest at the Wall Street Journal Prime Rate in effect on 31 December of the year of contribution. The Parties waive any community or equity share in appreciation.
3.8 Digital & Crypto Assets. Each private key, hardware wallet, custodial account, or blockchain address enumerated in Schedules 1 and 2 is Separate Property.
3.9 Debt Responsibility. Each Party shall exclusively bear, and shall indemnify and hold harmless the other Party from, all debts, liabilities, guaranties, taxes, and penalties incurred individually or by any entity in which that Party holds an interest, whether incurred before, during, or after the Marriage.
3.10 Enhanced Earning Capacity Waiver. Each Party irrevocably waives and relinquishes any right under New York law to claim a share of the other Party’s enhanced earning capacity, license, degree, or celebrity goodwill, whether acquired before or during the Marriage.
3.11 Automobile & Boat Ownership. The vehicles set forth on Schedule 4 are Separate Property, together with related loans, insurance, registration, and maintenance obligations.
3.12 Intellectual Property. All copyrights, trademarks, patents, software code, inventions, royalties, and derivative rights conceived before or during the Marriage by a Party alone or with third parties shall be and remain that Party’s Separate Property.
3.13 Tangible Personal Property. Artwork, jewelry, collectibles, furniture, and electronics listed on Schedule 5 are designated as Separate Property of the listed owner.
3.14 Companion Animals. The rescue dog “Argo,” microchip ID 981020035112233, is Casey’s Separate Property. Casey shall bear all care, licensing, and veterinary costs; Blake may exercise visitation by mutual consent but shall assume no financial obligation.
3.15 Anti-Commingling. Each Party shall maintain all Separate funds in accounts titled solely in that Party’s name. Inadvertent commingling converts only the specific commingled amount and not the entire account balance.
ARTICLE IV: SUPPORT, MAINTENANCE, AND DISTRIBUTIVE AWARDS
4.1 Full Waiver of Distributive Awards. Each Party irrevocably waives any right to seek or receive an equitable-distribution or distributive award from the other.
4.2 Mutual Waiver of Maintenance and Alimony. Each Party waives temporary, pendente lite, and post-divorce maintenance except as a court of competent jurisdiction may determine is necessary to avoid unconscionability, in which event Section 4.6 shall apply.
4.3 No Interim Counsel-Fee Claim. Each Party shall pay his or her own attorneys’ fees, expert fees, and costs incurred before, during, or after any matrimonial proceeding, subject to provision 8.3.
4.4 Domestic Violence Reimbursement. If a court after notice and opportunity to be heard finds that one Party has committed an act of domestic violence, that Party shall reimburse the other for all reasonable legal fees, medical expenses, and counseling costs directly resulting from the abuse. This provision imposes no continuing support obligation.
4.5 Healthcare Coverage Continuation. After divorce, either Party may elect COBRA or private health coverage at that Party’s sole expense. Neither shall be obligated to maintain insurance for the other.
4.6 Hardship Mediation. If enforcement of the waivers in this Article becomes unconscionable, the Parties shall first mediate in good faith. A court may thereafter modify these waivers only upon a showing of “extreme hardship,” which the Parties expressly agree is a higher standard than DRL’s “substantial change in circumstances.”
4.7 Retirement Accounts. All 401(k), IRA, pension, deferred-compensation, and similar retirement vehicles, including but not limited to those listed on Schedules 1 and 2, are the Separate Property of the named account holder. Each Party expressly waives any right to seek a Qualified Domestic Relations Order or similar directive.
4.8 Tax-Filing Independence. The Parties may elect to file federal, state, or local tax returns jointly or separately each year. Each Party shall indemnify the other from any tax, penalty, or interest attributable to that Party’s individual income or Separate Property.
ARTICLE V: FINANCIAL DISCLOSURE AND RECORD-KEEPING
5.1 Sworn Net-Worth Statements. Detailed disclosures prepared under oath are attached as Schedule 3.
5.2 Ongoing Disclosure Duty. From the Execution Date until the wedding ceremony, each Party shall provide written notice of any change in assets or liabilities exceeding fifteen percent (15%) of net worth.
5.3 Representation of Full Disclosure. Each Party represents that the disclosures in Schedule 3 and Exhibit A are complete and accurate. Any willful nondisclosure shall render this Agreement voidable only with respect to the undisclosed asset but shall not otherwise affect its validity.
5.4 Separate-Account Records. Each Party shall retain monthly or quarterly statements for all Separate accounts for at least seven (7) years.
5.5 Audit-Trail Cooperation. Upon written request during divorce litigation, a Party shall produce statements necessary to trace Separate Property.
5.6 Confidentiality. All Schedules and Exhibits comprising personal financial information are confidential and may be filed under seal in any court proceeding.
ARTICLE VI: ESTATE AND INHERITANCE PLANNING
6.1 Waiver of Elective and Intestate Shares. Each Party irrevocably waives all rights under New York Estates, Powers & Trusts Law (“EPTL”) § 5-1.1-A, entitled “Right of election by surviving spouse,” and any rights of inheritance in the other Party’s estate except as may be provided by a future will or trust.
6.2 Homestead Right. Each Party waives any statutory or common-law right to occupy, claim, or inherit the other’s residence, including the premises listed on Schedules 1 and 2.
6.3 Optional Testamentary Promises. Either Party may, but is not required to, provide by will or revocable trust for the other Party. No oral promise shall be enforceable.
6.4 Survivor-Benefit Waiver. Unless re-elected in writing after the wedding, each Party waives any survivor benefit or joint-and-survivor annuity under any pension, profit-sharing, or retirement plan in which the other participates.
6.5 Estate-Tax Allocation. Any state or federal estate tax attributable to property passing to the surviving spouse shall be borne by the deceased spouse’s estate and not by the surviving spouse individually.
6.6 Funeral and Burial. Each Party shall designate a designee to direct his or her funeral and burial arrangements. The expenses thereof shall be paid by the decedent’s estate.
ARTICLE VII: CHILD-RELATED PROVISIONS
7.1 Child Support Savings Clause. The Parties acknowledge that any child-support determination remains subject to the Child Support Standards Act (“CSSA”) and court oversight. Nothing herein shall impair a child’s right to support.
7.2 529 Education Funding Plan. The Parties do not obligate themselves to contribute to any 529 savings plans.
7.3 Custody Intent Recital. Should children be born of the Marriage, the Parties’ present intent is to share joint legal custody and such residential schedule as serves the child’s best interests, but they recognize that any final determination must be made under the controlling best-interest standard.
7.4 Special-Needs Trust Cooperation. If a child of the Parties is determined to require a supplemental-needs trust, each Party shall execute such documents as are reasonably necessary to establish and fund a third-party SNT.
ARTICLE VIII: DISPUTE RESOLUTION AND ENFORCEMENT
8.1 Mediation-First Requirement. Except for emergency applications, the Parties shall engage in good-faith mediation with a mediator certified by the New York State Unified Court System before filing any matrimonial or contract-enforcement action.
8.2 Arbitration of Economic Issues. If mediation fails, any dispute concerning property classification, valuation, reimbursement, maintenance, or fees shall be resolved by binding arbitration held in New York County. Child-custody and child-support issues are expressly excluded.
8.3 Attorney-Fee Shifting. The prevailing Party in any action to enforce this Agreement shall recover reasonable attorneys’ fees and costs.
8.4 Choice of Forum. Subject to Section 8.2, any court proceeding shall be brought exclusively in the Supreme Court of the State of New York, New York County.
8.5 Severability. If any provision of this Agreement is held invalid, the remainder shall remain in full force.
8.6 No Oral Modification. This Agreement may be amended only by a writing executed with the same formalities as this Agreement and expressly referencing this Section.
ARTICLE IX: MISCELLANEOUS
9.1 Entire Agreement. This Agreement, including Schedules and Exhibits, constitutes the entire understanding between the Parties and supersedes all prior oral or written negotiations.
9.2 Counterparts. This Agreement may be executed in two or more counterparts, including facsimile or electronic PDF, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
9.3 Construction. The Parties acknowledge that each has participated in drafting, and no presumption or rule of interpretation shall apply against the drafter of this Agreement.
ARTICLE X: ACKNOWLEDGMENT AND NOTARIZATION
10.1 Formal Acknowledgment. Each Party’s signature below is acknowledged before an officer authorized to solemnize marriages in New York or a notary public qualified in New York.
10.2 Independent Counsel Certificates. Certificates signed by counsel for each Party are attached as Exhibit B, certifying that counsel explained the nature of this Agreement and the rights being waived.
10.3 Effective Date. This Agreement shall become effective upon the solemnization of the Marriage. If the Marriage does not occur on or before December 31, 2024, this Agreement shall be null and void.
10.4 Survival. All provisions shall survive any annulment, dissolution, or divorce except as expressly superseded by a subsequent written instrument executed by both Parties.
10.5 Amendment Requirements. Any amendment must (a) be in writing, (b) cite this Agreement, (c) be signed and acknowledged by both Parties with the same formality as this Agreement, and (d) expressly state the intention to modify or supplement specific Sections.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of June 1, 2024.
_____________________________
BLAKE ALEXANDER SMITH
_____________________________
CASEY MORGAN NOAH
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
On the 1st day of June, in the year 2024, before me, the undersigned, personally appeared Blake Alexander Smith and Casey Morgan Noah, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument.
_____________________________
Notary Public Signature
_____________________________
Office of Notary Public
_____________________________
Dates Commission Expires
SCHEDULE 1
SEPARATE PROPERTY OF BLAKE ALEXANDER SMITH
1. Real Property
Condominium located at 123 Hudson Street, Apartment 9B, New York, NY 10013. Fee simple title in Blake’s name; Purchase price $1,625,000 (2019); Fair-market value per Cushman & Wakefield appraisal dated 05/15/2024: $2,000,000; Mortgage balance with FirstTrust Bank: $812,400; Equity: $1,187,600.
2. Business Interests
a. 60 % membership interest in LuminaTech LLC, a Delaware limited-liability company developing cloud-security software; Entity valuation per BDO Corporate Appraisal dated 04/30/2024: $6,650,000; Blake’s pro rata value: $3,990,000.
b. 10 % carried-interest share in Hudson Growth Fund II, L.P.; capital account $0; carried-interest current appraisal $175,000.
3. Investment and Bank Accounts
a. Fidelity Brokerage Account #X4021: $742,885 (equities, ETFs, MMF).
b. JPMorgan Chase Savings #8675: $98,455.
c. Coinbase Vault Wallet 0x4E5…eA91 holding 15 BTC (Cold storage Ledger Nano S); Valuation at $66,100/BTC on 05/31/2024: $991,500.
4. Retirement
a. Google Inc. 401(k) Rollover at Vanguard #839179; Balance: $412,775 (100 % vested).
b. Roth IRA at Fidelity #R2881: $78,330.
5. Tangible Personal Property
a. Vintage guitar collection (1959 Fender Stratocaster, 1960 Gibson Les Paul, etc.) insured appraisal: $61,000.
b. Personal computer equipment and custom servers: $18,500.
6. Automobile
Tesla Model S Plaid (VIN 5YJSA1E66NF456789); title in Blake’s name; purchase price $118,920; lien with Tesla Finance balance $54,600.
7. Liabilities
a. Federal Stafford Loan via MOHELA: $38,240 (3.85 % fixed).
b. American Express Platinum #3714: $4,335 (current; paid in full monthly).
SCHEDULE 2
SEPARATE PROPERTY OF CASEY MORGAN NOAH
1. Real Property
a. Brownstone residence located at 487 Carlton Avenue, Brooklyn, NY 11238; Title: Casey Noah, sole owner; Purchase price $1,110,000 (2018); Current fair-market value per Miller Samuel appraisal dated 05/10/2024: $1,520,000; Mortgage balance with GreenPoint Savings: $892,100; Equity: $627,900.
2. Professional Practice & Licenses
a. License to practice law in New York (Bar #5A32190) and Delaware; personal goodwill valuation: waived from marital claim.
3. Investment and Bank Accounts
a. Charles Schwab Brokerage #4677: $512,440.
b. TD Bank Checking #9203: $34,210.
c. Ledger Nano X cold wallet containing 100 ETH at $3,850/ETH: $385,000.
4. Retirement
a. 401(k) Plan—Howard & Delaney LLP; Balance: $338,965 (100 % vested).
5. Tangible Personal Property
a. Contemporary art collection (three works by Kehinde Wiley, two by Julie Mehretu); insured appraisal: $148,000.
b. Jewelry: Platinum Cartier Tank Française watch; appraisal $9,850.
6. Companion Animal
a. “Argo,” mixed-breed dog; adoption papers dated 02/14/2019; microchip noted above.
7. Automobile
BMW M5 Competition (VIN WBSVF0C01MCH56789); title in Casey’s name; purchase price $109,500; loan with BMW Financial balance $66,740.
8. Liabilities
a. Federal Direct Graduate-Plus Loan: $91,660 (6.54 % fixed).
b. Citi Prestige #5441 credit balance: $14,210.
SCHEDULE 3
SWORN NET-WORTH STATEMENTS
Blake Smith:
Total Assets $8,413,989;
Total Liabilities $905, (rounded);
Net Worth: $7,508,015.
Casey Noah:
Total Assets $3,048, (rounded);
Total Liabilities $1,064, (rounded);
Net Worth: $1,984,037.
SCHEDULE 4
AUTOMOBILE & BOAT OWNERSHIP SCHEDULE
Owner: Blake
Vehicle: 2022 Tesla Model S Plaid
VIN: 5YJSA1E66NF456789
Loan: Tesla Finance #102311; monthly $1,264; insurance with GEICO Policy #TSP9912-NY.
Owner: Casey
Vehicle: 2021 BMW M5 Competition
VIN: WBSVF0C01MCH56789
Loan: BMW Financial #770112; monthly $1,198; insurance with State Farm Policy #BM1123-NY.
Boats: None owned by either Party.
SCHEDULE 5
TANGIBLE PERSONAL PROPERTY ALLOCATION
Owner: Blake
• Vintage guitar collection – full list and serial numbers in Exhibit A-2.
• Custom gaming and VR equipment.
Owner: Casey
• Contemporary art pieces – catalogued in Exhibit A-3.
• Cartier watch; Tiffany diamond earrings.
EXHIBIT A
APPRAISALS, BACKUP DOCUMENTS, AND SUPPORTING SCHEDULES
A-1 Real-estate appraisals (C&W; Miller Samuel).
A-2 Guitar collection appraisal (Heritage Auctions).
A-3 Art appraisal (Sotheby’s Valuations Department).
A-4 Business valuation report – LuminaTech LLC (BDO).
A-5 Cryptocurrency wallet verification printouts and Etherscan addresses.
A-6 Vehicle Blue Book valuations.
Each appraisal bears original signature of certified appraiser, attached hereto.
EXHIBIT B
INDEPENDENT COUNSEL CERTIFICATES
Abrams, Ade & Keller, LLP,
Counsel for Blake
120 Broadway, 24th Floor, New York, NY 10271
I, Daniel F. Keller, Esq., counsel to Blake Alexander Smith, certify that I have reviewed this Agreement with my client, have explained to him the marital rights surrendered, and that he executes the Agreement freely and voluntarily.
_____________________________
Daniel F. Keller, Esq.
Date: June 1, 2024
Doyle, Rivera & Stein, P.C.,
Counsel for Casey,
555 Madison Avenue, Suite 1800, New York, NY 10022
I, Laura J. Stein, Esq., counsel to Casey Morgan Noah, certify that I have reviewed this Agreement with my client, have explained to her the marital rights surrendered, and that she executes the Agreement freely and voluntarily.
_____________________________
Laura J. Stein, Esq.
Date: June 1, 2024
How to Sign a Prenuptial Agreement in New York
If you’re using a free prenuptial agreement template for New York, it’s important to understand that even the best-written prenup won’t hold up in court unless it’s signed properly. New York law has strict rules about how prenuptial agreements must be executed to be legally enforceable.
Here’s what you need to know:
1. The Agreement Must Be in Writing
New York requires all prenuptial agreements to be in writing. Oral promises aren’t valid, no matter how clearly you both remember them. Our free prenuptial agreement template for New York provides a written format that meets this requirement.
2. Both Parties Must Sign
Each person must sign the agreement themselves. This is called “subscribing” the document. You can’t sign for each other or use a power of attorney. Both parties must voluntarily sign the final agreement.
3. Signatures Must Be Acknowledged by a Notary
Under New York Domestic Relations Law § 236(B)(3), each party’s signature must be acknowledged before a notary public or someone authorized to take acknowledgments (such as a judge or a clergy member who can perform marriages). The notary must:
- Confirm your identity,
- Confirm that you’re signing voluntarily,
- Complete a certificate of acknowledgment (the official notarial language).
Tip: The acknowledgment isn’t just a stamp. It must include specific legal wording. Our free prenuptial agreement template for New York includes the correct notary block.
4. Sign Before the Wedding
To avoid legal challenges, it’s best to sign and notarize the prenup well before the wedding. Signing it too close to the ceremony can raise issues of pressure or lack of time to seek legal advice.
5. Keep Copies
After signing, both parties should keep a signed, acknowledged copy of the agreement. It’s your legal proof, and you’ll want it easily accessible if the terms are ever disputed. Our free prenuptial agreement template for New York includes a counterparts clause that lets you and your partner sign separate copies of the agreement, with each version treated as an original and all versions together forming a single binding contract.
Consult a Lawyer Prior to Signing a Prenuptial Agreement
Even if you’re using a well-drafted free prenuptial agreement template for New York, it’s essential that both parties consult with their own independent attorney before signing. Having independent counsel on both sides significantly strengthens the agreement’s enforceability.
A lawyer can:
- Explain what rights you’re waiving (such as equitable distribution, maintenance, or inheritance rights),
- Ensure you understand the legal and financial consequences of each provision,
- Identify any terms that may be unfair or legally problematic, and
- Help protect the agreement from future challenges based on duress, fraud, or unconscionability.
If a prenuptial agreement is ever contested in court, judges often look at whether each party had the opportunity to obtain legal advice. An agreement signed without counsel, especially where one party is more financially or legally sophisticated, may be scrutinized more closely and could even have some provisions set aside.
Tip: When using a free prenuptial agreement template for New York, include a clause confirming that each party had the opportunity to seek legal counsel and signed the agreement knowingly and voluntarily. Our free prenuptial agreement template already includes this clause.
Independent legal advice isn’t just a formality, it’s your best protection against future disputes.