A well-drafted marital agreement provides clarity, protects your assets, and reduces potential conflict. Our attorneys prepare enforceable agreements tailored to your unique circumstances.
Prenuptial and postnuptial agreements are important legal tools that allow couples to define their financial rights and obligations in the event of a divorce or separation. Far from being pessimistic, these agreements reflect a mature, practical approach to protecting both parties' interests and reducing the uncertainty and conflict that can arise during a divorce.
A prenuptial agreement is executed before marriage, while a postnuptial agreement is executed after the marriage has already taken place. Both serve similar purposes: to establish how property, debts, and spousal support will be handled if the marriage ends. These agreements are especially important for individuals who bring significant assets into the marriage, own a business or professional practice, have children from a prior relationship, or anticipate receiving a substantial inheritance.
In New York, marital agreements are governed by the Domestic Relations Law and are generally enforceable provided they meet certain requirements: both parties must make full and fair financial disclosure, the agreement must be signed voluntarily without fraud, duress, or coercion, and the terms must not be unconscionable at the time of enforcement.
Our attorneys draft comprehensive, legally sound marital agreements that protect your interests while ensuring fairness and compliance with New York law.
A prenuptial agreement can address a wide range of financial matters, including the classification of property as separate or marital, the division of property in the event of divorce, spousal maintenance rights and obligations, the treatment of debts incurred before and during the marriage, ownership and control of a business or professional practice, inheritance rights, and the handling of retirement accounts and investment portfolios. However, prenuptial agreements cannot determine child custody or child support — these issues are always decided by the court based on the best interests of the child at the time of the proceeding.
For a prenuptial or postnuptial agreement to be enforceable in New York, both parties must provide full and fair disclosure of their financial circumstances, including income, assets, and liabilities. The agreement must be in writing and signed by both parties before a notary. Both parties should have the opportunity to consult with independent legal counsel. The agreement must be entered into voluntarily, without fraud, duress, or undue influence. And the terms must not be so one-sided as to be unconscionable at the time of enforcement. Having each party represented by their own attorney significantly strengthens the agreement's enforceability.
Postnuptial agreements serve the same purpose as prenuptial agreements but are executed after the marriage has already taken place. Couples may choose to enter into a postnuptial agreement for various reasons: a significant change in financial circumstances, the start or growth of a business, the receipt of an inheritance, or simply a desire to establish financial clarity. Postnuptial agreements are subject to the same requirements as prenuptial agreements and must reflect full disclosure, voluntary execution, and fair terms.
For business owners and professionals, a marital agreement is essential to protecting the value and continuity of the business. Without an agreement, a business or professional practice may be considered marital property subject to equitable distribution. Our attorneys work with business owners to structure agreements that protect the business while ensuring fair treatment of the non-owner spouse. This may include provisions for valuation methods, buyout terms, and restrictions on the other spouse's involvement in the business.
Important Disclaimer
The information on this page is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and outcomes depend on specific facts and circumstances. Contact our office to discuss your particular situation.
Yes, provided both parties make full financial disclosure, the agreement is signed voluntarily without duress, and the terms are not unconscionable. Having each party represented by independent counsel strengthens enforceability.
While legally possible, it is strongly discouraged. An agreement drafted without independent legal counsel for each party is much more vulnerable to challenge. Our attorneys ensure your agreement is comprehensive, fair, and enforceable.
No. Child custody and child support cannot be predetermined by a prenuptial agreement. These issues are always decided by the court at the time of the proceeding based on the best interests of the child.
Every family situation is unique, and the information on this page is general in nature. Schedule a confidential consultation with our experienced family law attorneys to discuss your specific circumstances and learn about your options.