Prenuptial Agreement Lawyer

As a New York prenuptial agreement lawyer, I help couples protect what matters before they marry. A prenuptial agreement is a contract signed before the wedding that defines separate property, sets how assets and debts would be divided, and decides whether either spouse pays support if the marriage ends, replacing New York’s default rules with terms the couple chooses together.

My firm, Eiges Law P.C., is a boutique New York practice devoted entirely to prenuptial and postnuptial agreements, backed by four decades of matrimonial experience. That single focus is the difference. Most firms treat marital agreements as one line item among dozens of practice areas, while I draft documents built around your life, your assets, and your goals. If you are already married, my New York postnuptial agreement services cover the same protection after the wedding.

Protect what matters and start the conversation. If you are planning to marry and want the clarity and protection a prenuptial agreement provides, I am ready to help you build an agreement that reflects your life and stands up when it counts. Schedule a confidential consultation today, and let me draft the quiet, complete protection you and your future spouse deserve.

What Is a Prenuptial Agreement in New York?

A prenuptial agreement, often called a prenup, is a written contract between two people who plan to marry. It sets out how property, income, debt, and spousal support would be handled if the marriage ends in divorce or death. New York enforces these agreements under its Domestic Relations Law, giving couples a private, written alternative to the state’s default division rules.

Without a prenup, New York’s equitable distribution rules decide who keeps what if a marriage ends, and a judge applies statutory factors to your finances with limited room for your own priorities. A prenuptial agreement lets two people write those terms themselves, calmly and in advance. For a plain-language walk through the basics, my what is a prenuptial agreement page covers the definition in depth, while this page focuses on how I put one to work for you.

What Can a New York Prenuptial Agreement Cover?

A New York prenuptial agreement can classify separate versus marital property, decide how assets and debts are divided, set or waive spousal maintenance, protect a business or professional practice, and preserve inheritances or gifts. It gives a couple control over nearly every financial question a divorce or death would otherwise put in a judge’s hands.

Under Domestic Relations Law Section 236(B)(5), New York divides marital property through equitable distribution, and Section 236(B)(6) governs maintenance, the state’s term for spousal support. A prenuptial agreement lets a couple write their own answers to both. Common terms I include are:

Classifying specific assets as separate property, so they stay with one spouse.
Setting how marital property and its appreciation would be divided under Domestic Relations Law Section 236(B)(5).
Establishing, limiting, or waiving spousal maintenance under Section 236(B)(6).
Protecting ownership and control of a business, professional practice, or partnership interest.
Preserving an inheritance, gift, or family property so it is not later treated as marital.
Allocating responsibility for debts each spouse brings into the marriage.
Confirming estate and inheritance arrangements for children from a prior relationship.

Couples with more complex finances often need focused protection. Business owners can review my business owner prenup services, and couples with substantial assets can explore high net worth prenups for the added detail those situations demand.

What Can a Prenup Not Do in New York?

A prenuptial agreement cannot predetermine child custody or child support in a way that binds a court. New York decides custody by the best interests of the child under Domestic Relations Law Section 240, and child support follows the Child Support Standards Act. A court can revisit those issues no matter what a prenup says.

These limits protect children, who are not parties to the contract. Spouses can agree on their own money, but they cannot bargain away a child’s right to support or lock in a custody arrangement a judge has not reviewed. A prenup that reaches too far risks having its overreaching terms struck, which is why I keep every document firmly on the financial side of that line.

Are Prenuptial Agreements Enforceable in New York?

Yes. New York courts enforce prenuptial agreements that meet the statutory requirements. Under Domestic Relations Law Section 236(B)(3), the agreement must be in writing, signed by both parties, and acknowledged before a notary in the same formal manner required to record a deed. Maintenance terms must be fair and reasonable when signed and not unconscionable when enforced.

New York’s highest court set the standard in Christian v. Christian, 42 N.Y.2d 63 (1977), holding that a marital agreement can be set aside where it is manifestly unfair because of one party’s overreaching. In practice, the law asks whether the process was fair and whether the result is fair. A prenup built on full disclosure, independent review, and no pressure clears both. The requirements a New York court looks for include:

A written agreement signed by both parties, as required by Domestic Relations Law Section 236(B)(3).
Proper acknowledgment before a notary, in the form used to record a deed.
Full and honest disclosure of each person’s assets, income, and debts.
Maintenance terms that are fair and reasonable at signing and not unconscionable at enforcement.
No fraud, duress, or overreaching in how the agreement was obtained.

Because the acknowledgment and disclosure rules are strict, a small execution mistake is a common reason agreements fail. I draft and execute each document to withstand a later challenge, which is the entire point of signing one.

Do I Need a Prenuptial Agreement?

You may benefit from a prenuptial agreement if you own a business, hold significant or complex assets, expect an inheritance, are remarrying, have children from a prior relationship, or simply want financial clarity before you marry. A prenup is not a prediction that a marriage will fail; it is a plan that lets two people start marriage on honest, agreed terms.

A prenuptial agreement often strengthens a marriage by replacing uncertainty with understanding. Individuals with significant or complex assets gain a clear, defensible line around what is theirs. Those remarrying or blending families can protect commitments to children from an earlier marriage. Business owners and professionals keep ownership and control from becoming a point of contention later. Whatever the reason, I make the process calm, respectful, and free of unnecessary conflict.

How Much Does a Prenuptial Agreement Cost in New York?

The cost of a New York prenuptial agreement depends on the complexity of the couple’s finances, how much negotiation is involved, and whether businesses or hard-to-value assets are in play. A straightforward agreement costs far less than a contested divorce, which is why couples view a prenup as protection rather than expense.

A simple prenup between two people with clear finances takes less drafting time than one involving a closely held business, multiple properties, or a detailed maintenance structure. Independent review by separate counsel for each party, which strengthens enforceability, factors in as well. During a confidential consultation, I explain the fee structure in advance, so a couple can weigh the modest, predictable cost of an agreement against the far larger and unpredictable cost of litigating the same questions later.

How Does the New York Prenup Process Work?

The New York prenup process starts with a confidential consultation, followed by full financial disclosure from both parties, negotiation of the terms, careful drafting, independent review, and a signing that is notarized in the manner Domestic Relations Law Section 236(B)(3) requires. Starting well before the wedding keeps the process calm and defensible.

Timing matters. An agreement signed unhurried, well ahead of the wedding date, is far harder to attack as rushed or coerced than one signed days before the ceremony. I walk couples through each stage in my prenup process overview, from the first conversation to a fully executed agreement. Because a missed formality can undo everything, my value as your New York prenuptial agreement lawyer is in getting every step right the first time.

Can a Prenuptial Agreement Be Challenged?

Yes, a prenuptial agreement can be challenged, most often on the grounds that it was signed under duress, that one party hid or misrepresented assets, that there was no meaningful disclosure, or that the terms are unconscionable. An agreement built on fairness, full disclosure, and independent counsel is far harder to overturn.

The most common attacks on a New York prenuptial agreement include:

Duress or coercion, such as an agreement presented for signature just before the wedding.
Fraud or concealment, where assets, income, or debts were hidden or understated.
Lack of full financial disclosure by one or both parties.
Unconscionability, where the terms are so one-sided they shock the conscience, the standard from Christian v. Christian.
Defective execution, such as a missing or improper notarial acknowledgment under Domestic Relations Law Section 236(B)(3).

Each of these risks is manageable at the drafting stage. Full disclosure defeats a fraud claim, independent counsel and early signing defeat a duress claim, and precise execution defeats a technical challenge. I draft with each of these future arguments in mind, so the agreement holds when it is needed most.

What If We Are Already Married?

Couples who are already married can achieve the same protection through a postnuptial agreement, which is signed after the wedding rather than before. New York governs both under the same section of its Domestic Relations Law, so a change in circumstances after marriage never means the opportunity has passed.

People often turn to a postnup after starting a business, receiving an inheritance, or reconciling and wanting a clear financial understanding. The subjects are identical to a prenup, only the timing differs. Couples in that situation can read my New York postnuptial agreement page, and I can advise on which document fits your stage of life.

How Do I Handle New York Prenuptial Agreement Cases?

I handle every prenuptial agreement through a clear, staged process: a confidential consultation, full financial disclosure and strategy, careful drafting, review and negotiation between the parties, and a properly executed signing. Each stage is built to produce an agreement that is fair, comprehensive, and enforceable.

It begins with a private conversation about your goals, assets, and concerns. From there, I guide a complete exchange of financial information, because disclosure is both a legal requirement and the foundation of a durable agreement. Drafting follows, with terms tailored to protect what each person cares about, whether that is a business, an inheritance, or long-term security. A fair, transparent review period lets both parties understand every provision, and the process closes with a signing that meets New York’s acknowledgment rules exactly. The result is an agreement drafted with the discretion, precision, and care your future deserves.

Why Choose Eiges Law P.C. for Your Prenuptial Agreement?

Eiges Law P.C. is my New York firm, devoted entirely to prenuptial and postnuptial agreements, with four decades of matrimonial experience behind every document. This is not one service among many here; it is my whole practice, which means faster, sharper, and more thoughtfully drafted agreements without the noise of a general family law office.

When the stakes are personal and the details are private, couples want a New York prenuptial agreement lawyer who has handled these situations before and protects accordingly. My approach is respectful and non-adversarial, tailored to your relationship and your goals rather than treating an agreement as a fight to be won. Confidential consultations are available in office, by phone, or by video, so protecting your future can start with a single, low-pressure conversation.