New York Pre and Post-Nuptial Agreement Lawyer.

A prenuptial agreement, often called a "prenup", is a legally binding contract entered into by two people before they get married. The agreement outlines how the couple's assets will be divided in the event of a divorce or death.

In New York, prenups must be in writing and signed by both parties before a notary public. They become effective upon marriage.

While prenups were once seen as only for the wealthy, they are becoming increasingly common for couples of all income levels. After all, marriage is not just an emotional union - it's a financial one too.

Some key things a New York prenup can cover include:

• Keeping property separate that was owned prior to the marriage
• Defining how property acquired during the marriage will be divided
• Specifying whether spousal maintenance (alimony) will be paid and in what amount
• Protecting one spouse from the other's debts
• Clarifying financial responsibilities during the marriage
• Outlining inheritance rights for children from previous relationships

Are Prenups Enforceable in New York?

Yes, prenuptial agreements are legally enforceable in New York as long as they meet certain requirements. The agreement must be:

• In writing
• Signed by both parties before a notary
• Entered into voluntarily
• Fair and reasonable
• Based on full financial disclosure by both parties

If a prenup is challenged in court, the burden is on the party seeking to overturn it to prove it is invalid. This is not easy to do.

However, there are some things that cannot be included in a prenup, such as child custody and child support. The court always retains the power to decide these issues based on the best interests of the child.

Benefits of a Prenup

There are many good reasons to consider a prenup, such as:

• Protecting assets you owned before the marriage, like a home, business, or inheritance
• Ensuring your children from a prior marriage receive their inheritance
• Defining each spouse's property rights and financial responsibilities
• Avoiding long, costly, and public divorce proceedings
• Reducing conflict during a divorce by having clear expectations
• Establishing ground rules for deciding future matters