What a Prenuptial Agreement Can Cover
A prenuptial agreement lets a couple decide, in advance, how property and finances would be handled if the marriage later ends in divorce or death. It can address separate versus marital property, spousal maintenance, business ownership, and how debt is treated, among other terms.
- Protecting a business or professional practice one spouse brings into the marriage
- Clarifying how property owned before the marriage stays separate
- Setting expectations around spousal maintenance
- Addressing inheritance for children from a previous relationship
What Makes a Prenup Enforceable in New York
New York courts will enforce a prenuptial agreement as long as it was entered into voluntarily, with full financial disclosure from both parties, and without fraud, duress, or unconscionable terms. Agreements rushed through right before the wedding, or signed without each spouse having their own attorney, are the ones most likely to be challenged later.
How This Office Handles Prenuptial Agreements
Drafting typically starts months before the wedding date, giving both spouses time to review terms, ask questions, and make changes without feeling rushed. Each spouse should have independent legal representation, which is a safeguard that strengthens the agreement’s enforceability rather than a formality to skip.
This office also reviews prenuptial agreements drafted elsewhere, for clients who want a second opinion before signing.