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Prenuptial Agreements

Quick Overview

This page covers Prenuptial Agreements as it applies to divorce and family law in New York. Use this summary as an orientation; the original content below remains unchanged.

Prenuptial Agreements

A prenuptial agreement is a contract that you enter into with your intended spouse prior to your marriage.  While it is certainly not “romantic” to negotiate a prenuptial agreement, it is increasingly important in this era of second marriages and “blended” families to ensure that your rights are protected in the event of a divorce.   Prenuptial agreements deal with the financial consequences of divorce and can cover such topics as the division of property and spousal maintenance payments.  I can help you decide if a prenuptial agreement is advisable for you and your intended spouse.

Prenuptial agreements have become more commonplace in recent years.  If you have substantial premarital assets, or you own a business, a prenuptial agreement can ensure that you retain full control over your premarital assets and/or business in the event of a divorce.   Additionally, if you are remarrying, a prenuptial agreement may be essential to protect your premarital home, as well as provide for your children from a prior marriage or relationship.  Prenuptial agreements may also protect a spouse from paying premarital debts of their spouse during their marriage, or in the event of a divorce.

Michael A. Cohen can help couples in New York determine if a prenuptial agreement is appropriate for them as well as draft an agreement that will both meet your needs and hold up in court in the event of a divorce.  To determine if a prenuptial agreement is appropriate for you, call 516-280-6806

Frequently Asked Questions

Are prenuptial agreements enforceable in New York?

Yes if properly executed with full disclosure, no coercion, and terms that are not unconscionable at signing or enforcement.

Can we include spousal support terms?

Yes, but courts may review maintenance waivers carefully. Clauses affecting children (custody/child support) are not binding on courts.

Do we each need a lawyer?

Independent counsel for both parties is best practice and helps avoid challenges based on fairness or understanding.