Can You Do a Prenuptial Agreement after Marriage?
Yes. A prenuptial agreement after marriage is then known as a “post” nuptial agreement.
How Long Is a Prenuptial Agreement Valid?
Generally, a prenuptial agreement is a valid contract until a court issues an order to set it aside, until the parties mutually agree to modify it, or until an agreed upon expiration date written into the prenuptial agreement.
To be enforceable in New York State, a prenuptial agreement must be in writing, executed by both parties in the manner required for a deed to be signed. It must be entered voluntarily, with full disclosure of the parties’ current assets at the time, and it cannot be unconscionable. Thereafter, a prenuptial agreement remains a valid contract until a court issues an order to set it aside and/or until the parties mutually agree to modify it.
Does a Prenuptial Agreement Survive Death?
Yes, a prenuptial agreement should survive death, as do most contracts. There is typically language in the prenuptial agreement to address the survival of the contractual agreement being binding upon successors and heirs to the descendant.
Can a Prenuptial Agreement Be Broken?
A prenuptial agreement may include conditions in the agreement, and in the event the conditions are met (or not met), the agreement can be deemed “broken.” A prenuptial agreement can also be set aside if it does not conform to the strict requirements to enforce the contract.