PrenupsAI

Evidence-package comparison

California vs. New York

California's package emphasizes a signed writing plus statutory counsel, timing, and disclosure safeguards; New York's package uses a subscribed-and-acknowledged formality and separate property, maintenance, and child-related provisions.Cal. Fam. Code § 1611Cal. Fam. Code § 1615(c)(1)–(3)N.Y. Dom. Rel. Law § 236(B)(3)N.Y. Dom. Rel. Law § 236(B)(3)(1)–(2)N.Y. Dom. Rel. Law § 236(B)(3)(3)N.Y. Dom. Rel. Law § 236(B)(3)(4); § 240

CA

California

California Family Code sections 1611–1616: execution, content, support limits, amendment, voluntariness, disclosure, counsel, timing, and void marriages.

Tier
section verified
Authorities
9
Reviewed
2026-07-18
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NY

New York

New York Domestic Relations Law sections 236(B)(1), 236(B)(3), and 240: execution and acknowledgment, property, maintenance, and child-related provisions.

Tier
section verified
Authorities
5
Reviewed
2026-07-18
Open full state guide →

Side-by-side source map

What each package says

A blank topic is intentionally visible. The page never fills an uncatalogued state-law rule from general model knowledge.

formalities

California
Cal. Fam. Code § 1611

A premarital agreement must be written and signed by both parties.

Cal. Fam. Code § 1611
New York
No dedicated record

The current New York package does not encode this as a standalone source topic. That is a research gap, not a legal conclusion.

acknowledgment

California
No dedicated record

The current California package does not encode this as a standalone source topic. That is a research gap, not a legal conclusion.

New York
N.Y. Dom. Rel. Law § 236(B)(3)

An agreement made before or during marriage must be written, subscribed, and acknowledged or proven in the manner required for a deed to be recorded.

N.Y. Dom. Rel. Law § 236(B)(3)

property

California
No dedicated record

The current California package does not encode this as a standalone source topic. That is a research gap, not a legal conclusion.

New York
N.Y. Dom. Rel. Law § 236(B)(1)(c)–(d)

The statute defines marital and separate property and recognizes property designated separate by a section 236(B)(3) agreement.

N.Y. Dom. Rel. Law § 236(B)(1)(c)–(d)

spousal support

California
Cal. Fam. Code § 1612(c)

California places counsel and unconscionability limits on premarital spousal-support provisions.

Cal. Fam. Code § 1612(c)
New York
N.Y. Dom. Rel. Law § 236(B)(3)(3)

Maintenance terms are subject to statutory cross-references and fairness/reasonableness and unconscionability language.

N.Y. Dom. Rel. Law § 236(B)(3)(3)

child support

California
Cal. Fam. Code § 1612(b)

A premarital agreement may not adversely affect a child's right to support.

Cal. Fam. Code § 1612(b)
New York

Questions before comparing outcomes

What counsel should establish first

  1. 01

    Which state's law governs each disputed issue, and is the agreement's choice-of-law clause effective?

  2. 02

    Where did the parties live, sign, marry, own property, and expect to perform the agreement?

  3. 03

    Which current statutes and later cases are absent from either source-catalogued package?

  4. 04

    What execution, counsel, disclosure, waiver, and financial-knowledge evidence can actually be proved?

Every source used on this page

Comparison authorities

The complete state guides contain additional authorities and limitations beyond this focused comparison.

formalitiesstatute

Cal. Fam. Code § 1611

California premarital-agreement formalities

A premarital agreement must be written and signed by both parties.

  • The agreement is enforceable without consideration.
permitted subjectsstatute

Cal. Fam. Code § 1612(a)

California permitted subjects

The statute lists property, disposition, estate-planning, insurance, choice-of-law, and other lawful subjects.

  • Other personal rights and obligations remain subject to public policy and criminal statutes.
child supportstatute

Cal. Fam. Code § 1612(b)

California child-support limitation

A premarital agreement may not adversely affect a child's right to support.

    spousal supportstatute

    Cal. Fam. Code § 1612(c)

    California spousal-support provisions

    California places counsel and unconscionability limits on premarital spousal-support provisions.

    • A support provision may not be enforceable against a party who lacked independent counsel when signing.
    • The provision may also be examined for unconscionability at enforcement.
    • Representation alone does not necessarily cure an otherwise unenforceable provision.
    effective datestatute

    Cal. Fam. Code § 1613

    California effective date

    A premarital agreement becomes effective upon marriage.

      amendment revocationstatute

      Cal. Fam. Code § 1614

      California amendment or revocation

      After marriage, amendment or revocation requires a written agreement signed by the parties.

      • The amendment or revocation is enforceable without consideration.
      financial disclosurestatute

      Cal. Fam. Code § 1615(a)–(b)

      California voluntariness and financial disclosure

      The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge.

      • The statute calls for fair, reasonable, and full disclosure in its unconscionability framework.
      • It also addresses written waiver of further disclosure and adequate knowledge of property or obligations.
      • The court decides unconscionability as a matter of law.
      timingstatute

      Cal. Fam. Code § 1615(c)(1)–(3)

      California counsel and seven-day protections

      The voluntariness framework includes counsel advisement, a seven-calendar-day period, and written protections for an unrepresented party.

      • For agreements executed on or after January 1, 2020, the statute describes at least seven calendar days between first presentation of the final agreement and signing.
      • An unrepresented party must receive a written explanation of terms, basic effect, and relinquished rights and sign a prescribed declaration.
      void marriagestatute

      Cal. Fam. Code § 1616

      California void-marriage rule

      If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

        acknowledgmentstatute

        N.Y. Dom. Rel. Law § 236(B)(3)

        New York writing, subscription, and acknowledgment

        An agreement made before or during marriage must be written, subscribed, and acknowledged or proven in the manner required for a deed to be recorded.

        • A premarital acknowledgment may be taken by a person authorized under the identified marriage-solemnization provisions.
        permitted subjectsstatute

        N.Y. Dom. Rel. Law § 236(B)(3)(1)–(2)

        New York property and testamentary subjects

        The statute identifies testamentary provisions and separate/marital property ownership, division, or distribution as agreement subjects.

        • An agreement may include a waiver of a right to elect against a will.
        spousal supportstatute

        N.Y. Dom. Rel. Law § 236(B)(3)(3)

        New York maintenance provisions

        Maintenance terms are subject to statutory cross-references and fairness/reasonableness and unconscionability language.

        • The text requires covered terms to be fair and reasonable when made and not unconscionable at final judgment.
        child supportstatute

        N.Y. Dom. Rel. Law § 236(B)(3)(4); § 240

        New York child-related agreement terms

        Child custody, care, education, and maintenance terms remain subject to section 240 and court review.

        • Section 240 directs courts to consider the child's best interests and retains court discretion over child support.
        propertystatute

        N.Y. Dom. Rel. Law § 236(B)(1)(c)–(d)

        New York marital and separate property baseline

        The statute defines marital and separate property and recognizes property designated separate by a section 236(B)(3) agreement.

        • Appreciation in separate property can be treated differently to the extent attributable to the other spouse's contributions or efforts.