Prenuptial and postnuptial agreements in New York City
A prenuptial or postnuptial agreement lets you decide in advance how property, debts and support will be handled if a marriage ends, instead of leaving those decisions to a court. Nancy Ahern drafts, reviews and negotiates these agreements for clients in New York City and Westchester. Because she litigates divorces, she writes them with an eye to how a judge will read them if they are ever challenged.
What an agreement can cover
- Which assets and income stay separate property, including business interests, real estate, retirement accounts and inheritances
- How marital property is divided if you divorce
- Responsibility for existing debt, such as student loans
- Whether spousal maintenance (alimony) is waived or limited
What it cannot do
New York courts have the final say on child custody and child support, so a prenuptial agreement cannot deal with those issues. Spousal maintenance terms must also be fair and reasonable when you sign and not unconscionable at the time of divorce. A well-drafted agreement addresses those requirements directly.
Who should consider one
- Most people planning to get married can benefit from creating certainty in the event of a separation. This is precisely what a prenuptial agreement does.
- People entering a second marriage or marrying with children from a prior relationship
- Business owners and professionals with a practice or equity to protect
- Anyone expecting a significant inheritance or owning real estate before the marriage
- Married couples who want to set terms now through a postnuptial agreement
How the process works
- Initial conversation. We review your finances, your goals and your timeline.
- Financial disclosure. Each side shares assets, income and debts. Complete disclosure makes an agreement much harder to challenge later.
- Drafting and negotiation. I prepare the agreement and negotiate it with your future spouse's attorney.
- Signing. New York requires the agreement to be in writing, signed and acknowledged like a deed.
Both parties should have their own lawyer. I represent only one side, and separate counsel is one of the strongest protections against a later challenge. Start well ahead of the wedding, ideally several months, so neither side feels rushed.
Common questions
Do we need a prenup if we don't have much money? It depends on what you own, what you owe and what you expect to receive. A short conversation usually answers that.
Can we sign a postnup after we are already married? Yes. New York enforces postnuptial agreements under the same rules as prenups.
Can a prenup be thrown out? Courts can set aside agreements signed under fraud or duress, or that are unconscionable. Full disclosure, separate lawyers and enough time before signing all help an agreement stand.
Planning a marriage or considering a postnuptial agreement? Contact the office to discuss your situation.