A prenuptial agreement is not a prediction that a marriage will fail. It is a way for a couple to decide, calmly and in advance, how their finances will be handled, rather than leaving those decisions to a court during the most difficult moment of their lives. A postnuptial agreement does the same for couples who are already married.
Who benefits from a marital agreement
- Business owners who want to protect a company from being divided or disrupted
- Individuals entering marriage with significant savings, real estate or investments
- Those who expect to receive gifts or inheritances from their families, including family wealth held overseas
- People marrying for a second time who want to protect children from a prior relationship
- Couples whose financial situation has changed significantly during the marriage
What an agreement can address
- Which assets remain separate property, and how appreciation of those assets will be treated
- How marital property will be divided upon divorce
- Spousal maintenance, within the limits New York law allows
- Rights to each other’s estate upon death, coordinated with your estate plan
Child custody and child support cannot be fixed in advance by agreement. Courts always retain the power to decide what is in a child’s best interests.
Learn more: our New York Prenup Series
Our New York Prenup Series covers the basics of a New York prenup and special topics: same-sex couples, pets, marrying a foreign national, and protecting a business.
Doing it right
New York enforces marital agreements, but only when they are properly made. The agreement must be in writing, signed by both parties and acknowledged with the formality required for a recorded deed. To withstand a later challenge, it should also be based on full financial disclosure, be fair when signed, and give each party time to review it with their own independent attorney.
We represent one spouse in drafting or reviewing the agreement, negotiate respectfully with the other side’s counsel, and make sure every formal requirement is met so the agreement will hold up if it is ever needed.