New York Prenup & Postnup Lawyer

A prenuptial agreement is a contract two people sign before getting married. A postnuptial agreement covers the same kind of terms, but is signed after the wedding has already taken place. Both types of agreements contain various terms about the marriage, including details of each person’s assets and how to handle a divorce. Although many people believe these agreements start off marriage in a negative light, drafting one is a kindness to yourselves as a loving couple now to take action to prevent dispute and litigation if circumstances change.

In New York, assets acquired during a marriage are marital property, and assets acquired before marriage are separate property. Inheritances received during marriage and kept in a separate account are also separate property. But in practice, divorce can drastically reduce all of your assets. Also, you may move to a state with different laws, such as a community property state, or even another country.

Sometimes, divorcing couples face ugly courtroom battles while negotiating matters such as alimony, child custody, and property division. Drafting a solid prenup or postnup can protect your interests and ensure there’s a plan to follow if you need to file for divorce.

At the Law & Mediation Office of Bracha Etengoff, your New York prenup and postnup lawyer will represent you during negotiations as a strong advocate for your legal rights. Whether you want to maintain ownership of a family business or prevent your spouse from taking your retirement account during divorce proceedings, you can count on us to ensure these issues are addressed to your benefit in the agreement.

We also have experience mediating prenups and postnups, which can reduce miscommunication and dispute. Bracha Etengoff will meet with you and your spouse or fiancée together to help you reach agreement on the terms, and then draft the agreement. Then, since a mediator is always neutral, you would each have an attorney review it to look out for your interests.

Call the Law & Mediation Office of Bracha Etengoff at (347) 640-0993 today for your initial consultation and learn more about how we can help with your New York prenuptial or postnuptial agreement.

What is a postnuptial agreement?

A postnuptial agreement is a contract signed after the wedding rather than before it, and it can cover much of the same ground a prenup would — property division, spousal support, and how assets will be handled if the marriage ends. Couples turn to a postnup for a range of reasons: maybe there wasn’t time to finish a prenup before the wedding, maybe one spouse started a business or received an inheritance after getting married, or maybe the couple simply wants to formalize an understanding they didn’t put in writing earlier.

A postnup generally needs to meet the same legal requirements as a prenup to be enforceable — in writing, signed voluntarily by both spouses, with independent legal counsel for each person, and free from duress or unconscionable terms. The main practical difference is timing: since you’re already married, courts sometimes scrutinize a postnup more closely to make sure both spouses entered into it freely, since the leverage in a marriage can look different than the leverage between two engaged people who haven’t yet combined their lives.

What should a prenuptial or postnuptial agreement include?

A prenup or postnup can address far more than just protecting assets you already own — it can also cover future earnings, businesses you plan to start, and property you haven’t acquired yet. Some people think these agreements are unnecessary. That might be true in certain situations. However, an agreement like this isn’t just about protecting a person’s assets at the time it’s signed. Perhaps you anticipate an increase in your earning power, or starting a business, or purchasing real estate. These agreements can also protect assets you have yet to acquire.

Prenups and postnups include a range of scenarios that address potential issues that can arise in a marriage and create the framework for handling divorce proceedings. Additionally, you can make a plan for allocating assets if either person dies during the marriage.

The most common elements of a prenuptial or postnuptial agreement include:

• Finances during marriage
• Spousal support
• Division of debt
• Property division
• Estate planning
• Child support
• Child custody

You can negotiate the terms of each aspect of the agreement to reduce arguments in the future. For example, if you want to keep specific assets, such as real estate, you can include that in the prenup or postnup so your spouse can’t go after it during a divorce.

What makes a prenuptial or postnuptial agreement valid in New York?

A valid prenuptial or postnuptial agreement in New York must be in writing, signed voluntarily by both parties before a notary, and — for a prenup specifically — executed before the marriage takes place. In New York, an agreement like this should meet these requirements:

• The agreement is in writing
• Both parties sign the document voluntarily
• Each person should have independent and separate legal counsel
• Both people must indicate in the agreement that it is reasonable and fair at the time of execution
• The agreement must not result from duress, be unconscionable, or one-sided to the point that a reasonable person wouldn’t accept the terms voluntarily
• A notary public must notarize the agreement
• A prenup must be signed before the marriage; a postnup is signed after

Various factors could render a prenuptial or postnuptial agreement invalid, such as:

• Duress – A court might deem the agreement invalid if someone signed it under coercion or duress, such as on the eve of marriage, or during a period of marital conflict for a postnup.
• Fraud – Each party must disclose all assets before executing the agreement. If either person intentionally hides assets or diminishes the value of an asset, the court could invalidate the agreement.
• Improperly executed – The agreement must be signed by both parties before a notary.

When you hire the New York Law & Mediation Office of Bracha Etengoff, we will guide you through every step of executing the prenuptial or postnuptial agreement. You won’t have to navigate the complicated procedure alone, or make an error that leads to complications down the road.

How does prenup or postnup mediation work in New York?

Mediating a prenup or postnup means working out the terms together with a neutral facilitator, rather than negotiating only through separate lawyers, which can reduce conflict and cost. Negotiations can become contentious even if you both eventually agree to the terms. Many couples face disagreements during negotiations that bring the process to a screeching halt. You might discover your partner has assets they don’t want to share, or believes they are more suited to care for your children if you get a divorce.

Mediation can often benefit each party and establish terms both people are comfortable including in the agreement. Maintaining open and honest communication is essential. You will be able to voice any concerns you have and discuss the rights most important to you. We are ready to help you reach a mutually beneficial agreement together.

During mediation, your New York prenup and postnup lawyer will facilitate the negotiation process. We will review the terms you would like and suggest solutions to any disputes you and your partner face. We can help you resolve conflicts, so the agreement doesn’t hurt your relationship. Negotiations are usually smoother with both of you in the same room with an experienced mediator helping you reach agreement, rather than only communicating with each other through your lawyers.

When you’ve agreed together on the terms, we will draft the agreement. Then each of you will meet with a “review attorney” to ensure you understand its terms and your rights. If you desire changes to the agreement after your separate consults, we will revise it accordingly. If desired, we can recommend trusted colleagues as review attorneys.

While this sounds like a more complex process, the total fees from mediating a prenup or postnup can even be lower than the traditional model. Costs are kept down because four-way communication between you, your partner, and each of your attorneys is reduced, and miscommunications are minimized.

Frequently Asked Questions About Prenuptial and Postnuptial Agreements in New York

Is a prenup enforceable in New York?
Yes, as long as it meets New York’s legal requirements — in writing, signed voluntarily by both parties before a notary, with independent legal counsel for each person, and executed before the marriage. Courts can still invalidate a prenup later if it was signed under duress, involved hidden assets, or wasn’t properly executed.

Is a postnuptial agreement enforceable in New York?
Yes, provided it meets the same core requirements as a prenup — in writing, voluntarily signed, independently reviewed, and free from duress or unconscionable terms. Because a postnup is signed after the wedding, courts may look more closely at whether both spouses truly entered into it freely, given that the dynamics within an existing marriage can differ from those of an engaged couple.

Why would a couple choose a postnup instead of a prenup?
Couples often turn to a postnup when there wasn’t enough time to complete a prenup before the wedding, or when circumstances changed after marriage — a new business, an inheritance, or simply a desire to put an earlier informal understanding into a legally binding agreement. A postnup lets a couple formalize these terms at any point during the marriage, not just beforehand.

Can a prenup be changed after marriage?
Yes. A prenup can be amended or replaced after the wedding through a postnuptial agreement, as long as both spouses agree to the new terms and the agreement meets the same legal formalities as a prenup.

Do both people need their own lawyer for a prenup or postnup?
You have the best chance of having your prenup enforced by the court if each person has independent legal counsel review the agreement, even if the prenup itself was drafted through mediation. The same applies to a postnup — independent review helps ensure both parties actually understand the terms and their rights before signing.

What happens if we don’t have a prenup and get divorced?
Without a prenup, New York’s equitable distribution laws determine how marital property is divided in a divorce and its statutes determine spousal support, which can lead to outcomes neither spouse agreed to in advance. A prenup lets you set your own terms ahead of time instead of leaving these decisions entirely up to a judge later.

Can a prenup or postnup include child custody terms?
An agreement can express intentions around child-related matters, but New York courts generally retain authority over child custody and child support and will decide based on the child’s best interests at the time, regardless of what the agreement says. Financial terms like property division and spousal support are far more likely to be enforced as written.

How far in advance of the wedding should we sign a prenup?
Signing well before the wedding — ideally months, not days — helps avoid any argument later that one party was under duress or didn’t have enough time to review the terms with their attorney. Waiting until the last minute is one of the more common reasons a prenup gets challenged. If timing doesn’t allow for this, a postnup signed after the wedding is still an option.

Contact Us

You don’t have to simply give up what you want to keep your future spouse happy, or insist on terms they don’t want when we can find alternatives together. You can discuss your needs with us so we can draft an agreement that protects your interests and benefits both of you.

Contact us today if you want legal representation or mediation assistance while creating a prenuptial agreement. Call (347) 640-0993 for your confidential consultation. We can meet by video, at our office, or in your home or office.