What is typically required for a prenup to be enforceable?

A prenuptial agreement, commonly referred to as a prenup, must generally be in writing and signed by both parties to be enforceable. This written requirement ensures that there is a clear and documented understanding of the terms agreed upon by both partners before entering into marriage.

Having a written document serves several purposes. It provides clarity on the intentions of each party regarding asset distribution, spousal support, and other financial matters in the event of divorce or separation. The requirement for both parties to sign the agreement further ensures mutual consent, as both individuals must formally agree to the terms.

In contrast, a verbal agreement would be difficult to enforce due to the lack of documentation and potential disputes regarding what was actually agreed upon. Court approval is not typically required for a prenup; instead, the enforceability is decided upon by the courts if there is a dispute later. While having witnesses can be beneficial in some legal contexts, it is not a standard requirement for the validity of a prenuptial agreement under New York law. Thus, the written and signed stipulation is pivotal for the enforceability of a prenup.