By Alexandra Mulé
A prenuptial agreement is an agreement entered into in contemplation of the marriage and becomes effective only when the parties get married. Under New York Domestic Relations Law, martial agreements may be made before or during the marriage. A prenuptial agreement must be in writing and signed by both parties. A court will uphold a challenged prenuptial agreement so long as it is fair and reasonable at the time the agreement was entered into.
Prenuptial agreements are unique to each relationship as they are tailored to each couples own needs. Parties may choose to waive certain things such as maintenance and pre-marital debts. One specific thing that may not be waived in a prenuptial agreement is child support, especially if it pertains to unborn children. Custody and child support are two issues that must be addressed based on the circumstances at the time of a divorce. It is advised that both parties have separate counsel to review the prenuptial agreement once it is prepared so counsel can advise each party whether it is in their best interest to enter into the agreement at the time it is made.