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.

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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.

Legal Scenario: What Would You Do?

Scenario

You and your fiancé are planning a wedding in Manhattan, but you own a successful small business you started before the relationship and want to protect it. Your partner feels offended by the idea of a prenuptial agreement and insists it means you don't trust them.

Can a prenuptial agreement actually hold up in a New York court, and what happens if my spouse challenges it during a divorce?

Attorney's Answer

In New York, prenuptial agreements are governed by Domestic Relations Law §236(B)(3) and are generally enforceable as long as they are in writing, signed by both parties, and acknowledged before a notary public. A court may set aside a prenup if your spouse can demonstrate it was the product of fraud, duress, or overreaching, or if the agreement is unconscionable at the time of the divorce under the standards established in Bloomfield v. Bloomfield (2003). To strengthen enforceability, both parties should have independent legal counsel, provide full financial disclosure, and sign the agreement well in advance of the wedding date. Protecting a pre-marital business is one of the most common and well-supported reasons New York courts uphold these agreements.

This is general information only. Contact us for advice specific to your situation.

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