Prenuptial & Postnuptial Agreements

PRENUPTIAL AND POSTNUPTIAL AGREEMENT ATTORNEY
IN WESTCHESTER COUNTY, NY

White Plains, NY firm helps protect your future as alimony (maintenance)

Prenuptial and postnuptial agreements spell out what happens when a marriage ends because of divorce or the death of a spouse. The agreements can address financial issues such as life insurance, trusts and the division of marital property. Prenuptial agreements are signed before the wedding. Postnuptial agreements are signed during the marriage.

Marital agreements aren’t just for the wealthy. They are used by pragmatic adults of all income levels who wish to minimize risk. With more than 30 years’ experience, Lauren B. Abramson, Esq. creates the appropriate marital contracts to give you peace of mind.

WHAT CAN BE COVERED IN A PRENUPTIAL OR POSTNUPTIAL AGREEMENT?

New York is one of 23 states that have not adopted the Uniform Premarital Agreement Act. Instead, New York’s Domestic Relations Law (DRL), enacted in 1980, governs what issues can be addressed in a marital agreement. Under the DRL, the subject matter of such agreements can include:

• Provision for the ownership, division or distribution of separate and marital property.

• Provision for the amount and duration of alimony (maintenance) or other terms of the marriage relationship, provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment.

• A contract to make a distribution upon death, or a waiver of any right to under the provisions of a will.

• Provision for custody, care, education and maintenance of any child of the parties.

SHOULD I HIRE A PRENUPTIAL AGREEMENT ATTORNEY?

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If you have decided that a prenuptial agreement is the right move for you as a couple, you might be wondering whether hiring an attorney is necessary. Working with an experienced prenuptial agreement attorney can ensure that you and your future spouse have properly discussed and agreed upon major issues before the wedding.


Independent Legal Advice

Working with your own prenuptial agreement attorney guarantees that you are working with someone who has your best interests in mind. We will make sure that you are treated fairly throughout the process.


Ensure the Document is Correct

We will give your prenuptial agreement all the care and consideration that we would give to any contract, making sure that everything is worded properly and carried out correctly. This allows you and your future spouse to have peace of mind going into the marriage. 


Keep Communication Open

By working with an attorney, you actually invite more open communication with your partner. Many couples find conversations about money, debt, and assets difficult to begin, but drawing up a prenuptial agreement with an attorney makes having these discussions part of the process. We will work with you to come to an agreement that is fair to everyone. In many cases, creating the prenuptial agreement can actually bring couples closer.


If you have any questions for our prenuptial agreement attorney, give our office in Westchester County a call.

WHY DO I NEED A PRE-NUP OR A POST-NUP?
A prenuptial or postnuptial agreement is a prudent move for anyone, but it’s particularly important if:
  • You have substantially more wealth than your partner
  • You have significantly greater income than your partner
  • You are entering a second or subsequent marriage
  • Your partner has substantial debt
  • You own a business
  • You have already created an estate plan
  • If you plan to quit your job to become a stay-at-home parent
Our White Plains, NY family law attorney can help you determine if a marital agreement makes sense for you.
Prenuptial Agreement
IS A PRENUPTIAL OR POSTNUPTIAL AGREEMENT LEGALLY BINDING?
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New York’s Domestic Relations Law sets out three specific requirements for prenuptial and postnuptial agreements. To be enforceable in New York, a marital contract must be:

• In writing

• Signed by both parties

• Acknowledged (that is, the signatures must be verified by a notary public, county clerk or any other person who is authorized to perform marriages)

A recent New York appellate court decision (Cioffi-Petrakis v. Petrakis) recently held that a prenuptial agreement is unenforceable if one party was fraudulently induced to sign it, which means the other party misrepresented or withheld important information. A court also is highly unlikely to enforce a marital contract where one of the parties was coerced into accepting the terms of the contract. Consequently, in addition to the statutory requirements, you should take the following steps to ensure that your prenuptial or postnuptial is valid:

• Each party should make a full financial disclosure, including all income, expenses, assets and debts.

• Each party should be independently represented by separate counsel.

• Each party should be given sufficient time to review and consider the proposed agreement.

WHAT TO EXPECT FROM YOUR PRENUPTIAL AGREEMENT APPOINTMENT

Meeting with our attorney to draft your prenuptial agreement is a crucial step toward protecting your financial future and establishing clear channels of communication with your partner. Here’s what you can expect and how to prepare for the process:


  • Initial Consultation: Before our first meeting, gather background information about yourself and your financial situation. This includes information about your income, assets, debts, and any pre-existing agreements or obligations. Be prepared to discuss your goals and any specific provisions you want to include in your agreement.
  • Understanding the Legal Process:  We will explain how prenuptial agreements are governed by New York’s Domestic Relations Law, detailing what can and cannot be included. We will also review the legal requirements that you will need to meet to make sure that your agreement is enforceable.
  • Open Communication Between Partners:  You’ll work with us to have open conversations with your partner about finances, expectations, and even sensitive topics like debt, alimony, or property division. These discussions can help you build a mutual understanding of your future together; it also gives each of you a chance to be fully transparent about your financial status. 
  • Drafting & Reviewing the Document:  Once the agreement is prepared, it will need to be reviewed before it can be finalized. You and your partner, along with your respective attorneys, will have the opportunity to check over the document, make revisions, and make sure that it reflects your mutual understanding.
  • Finalization and Signing:  Once both parties are satisfied with the terms, the agreement will be signed and notarized to make it legally binding.


To prepare for our meeting, gather all necessary financial documents such as bank statements, property deeds, and investment accounts. Write down your priorities and any concerns you would like to address during the appointment, and make sure to check in with your partner to discuss any general ideas or preferences. A prenuptial agreement is an opportunity to begin your marriage with clarity and confidence. Contact the office of Lauren B. Abramson, Esq. today to get started.


CAN A PRENUPTIAL AGREEMENT BE ADJUSTED POST MARRIAGE?

Yes. Prenuptial agreements can be altered even after the marriage has become legal. However, both parties must agree and sign the changed document. A prenuptial agreement attorney can assist you in this process to ensure everything is written out and understood by both partners. It’s also possible to revoke the prenuptial agreement completely if desired. Again, both parties must sign off on this, but typically there are provisions on the prenuptial agreement that dictates how the document can be canceled, who needs to be involved, etc. Some agreements contain a sunset clause which states that after a specific number of years the prenup will no longer be valid. If you have any questions regarding how to amend or cancel your agreement, please contact a prenuptial agreement attorney at Lauren B. Abramson, Esq. today!

CONTACT OUR LAW FIRM ABOUT A PRENUPTIAL AND POSTNUPTIAL AGREEMENT

Lauren B. Abramson, Esq. resolves family law issues for clients throughout Westchester and Putnam counties, including White Plains, Harrison, New Rochelle, Bedford, Armonk, Bronxville, Larchmont, Mamaroneck, Somers, Croton-on-Hudson, Peekskill, Rye, and Carmel. Our office hours are 9 a.m. to 5 p.m. Monday through Friday with evening and weekend appointments available. Call us at 

(914) 908-5877 or contact us online to arrange an appointment.