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FAQs

How much does a prenuptial agreement cost in New York?

The cost depends on the complexity of your assets and the level of negotiation involved. A straightforward agreement costs less than one involving businesses, trusts, or extensive property. We discuss fees clearly during your consultation so there are no surprises.

Do both people need their own lawyer for a prenup?

It is strongly recommended. While New York does not strictly require separate attorneys, having each party independently represented reduces the risk that the agreement is later challenged for duress or lack of understanding.

How long before the wedding should we sign a prenup?

As early as possible, ideally several months before the wedding. Signing well in advance avoids any claim that one party was pressured into signing at the last minute.

Can a prenup include spousal support or alimony?

Yes. A New York prenuptial agreement can set the terms of spousal maintenance or, in many cases, waive it, as long as the terms are not unconscionable when enforced.

Can a prenuptial agreement protect my business?

Yes. A prenup can keep a business, your ownership share, and its future growth defined as separate property, protecting it from division in a divorce.

Does a prenup cover child custody or child support?

No. New York courts decide custody and child support based on the child’s best interests at the time, so these cannot be predetermined in a prenup.

Is it too late to get a prenup if we’re already engaged?

No. As long as the agreement is signed before the marriage, you can create a prenup at any point during the engagement. If you are already married, a postnuptial agreement offers similar protection.

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