Before the Vows,
Put It In Writing.
A New York prenuptial agreement is a legal contract negotiated before marriage that documents how property, businesses, and financial matters will be handled — giving both spouses clarity going in, not just protection on the way out. Connect with a New York prenup attorney who can draft, review, or negotiate your agreement before your wedding date.
New York Law
A Contract.
Not a Prediction.
A prenup doesn't mean you expect the marriage to end — it means you and your future spouse are willing to put your financial expectations in writing while you're both thinking clearly, rather than leaving everything to a court formula later.
New York's prenup statute requires a written agreement, signed by both parties, and acknowledged in the same formal manner required to record a deed. The Court of Appeals has held that defects in that acknowledgment can invalidate an otherwise agreed-upon prenup.
A New York prenup can address separate and marital property, business interests, real estate, inheritances, and spousal maintenance — as long as the terms are fair when made and not unconscionable at the time of a divorce.
A connected New York prenup attorney can walk through your specific assets, timeline, and goals in an initial consultation — confidential, and at no cost to you.
"A prenup isn't a prediction. It's a plan you both agree to while you're both thinking clearly."
Who Should Consider One
The Concerns.
The Contract.
The Clarity.
Prenuptial agreements aren't only for the ultra-wealthy. In New York, couples turn to a prenup whenever there's something specific worth putting in writing — before the wedding, not after.
Business Owners & Founders
If you own or hold equity in a business, professional practice, or startup, a prenup can define how that interest is treated if the marriage ends — protecting both the business and your future co-owners.
NYC Real Estate & Co-ops
Apartments, brownstones, and co-op shares purchased before marriage are common flashpoints in New York divorces. A prenup can specify that premarital real estate stays separate property.
Inheritances & Family Wealth
New York law already treats inheritances as separate property, but a prenup can reinforce that treatment and address what happens if an inheritance is ever commingled with marital funds.
Second Marriages & Blended Families
Couples marrying again — especially with children from a prior relationship — often use a prenup to protect what they're bringing into the marriage separately from new marital property.
Income & Career Differences
When one spouse earns significantly more, or one plans to step back from a career, a prenup can set expectations around spousal maintenance rather than leaving it to a court formula later.
Debt You're Bringing Into the Marriage
Student loans, business debt, or other premarital liabilities can be addressed in a prenup so one spouse doesn't become responsible for the other's pre-marriage debt.
Is This You?
A Prenup Might
Make Sense If You...
There's no single profile for who benefits from a prenuptial agreement. These are some of the more common starting points New York couples bring to a first conversation.
You own a business or professional practice
Whether it's a firm, medical practice, agency, or startup equity, a prenup can keep business ownership questions separate from the marriage.
You own real estate, a co-op, or a condo
Property purchased before the marriage — including NYC co-ops with their own board history — is a common reason to formalize terms in writing.
There's a real income or asset gap between you two
A prenup lets you define maintenance and property expectations together, rather than leaving it to a court to decide later.
You have children from a previous relationship
You can address how an existing child's interests and inheritances are protected — though custody and support for children remain subject to court review.
You expect an inheritance or family wealth
A prenup can reinforce how inherited or gifted assets are treated, including what happens if they're ever mixed with marital funds.
You already have a draft that needs review
Whether your partner's attorney sent over a draft or you started one yourselves, an attorney can review, negotiate, or finalize it before your date.
How It Works
From Conversation
to Signed Agreement.
A New York prenup, done right, takes some time — but the process itself is straightforward once you know the steps.
Initial Consultation
A connected New York attorney discusses your assets, goals, and wedding timeline to understand what your agreement actually needs to cover.
Financial Discussion & Disclosure
Both parties share a clear picture of their finances. Fair disclosure isn't just good practice — it's one of the strongest defenses against a later challenge to the agreement.
Drafting & Negotiation
Terms are drafted, reviewed, and negotiated — ideally with each party represented — covering property, business interests, and any maintenance terms.
Signing & Formal Acknowledgment
New York requires more than a signature: the agreement must be formally acknowledged, the same way a deed is, for it to hold up in court.
From Couples We've Worked With
What They Say
"We wanted the conversation before the wedding, not after. Having it in writing took the guesswork out of things for both of us."
"It felt less like a legal transaction and more like getting on the same page — which is really what we wanted going in."
"Straightforward process. We knew what to expect at each step, and neither of us felt rushed into signing anything."
Common Questions
What You Need to Know
Yes. New York Domestic Relations Law §236(B)(3) allows couples to enter a written agreement before marriage governing property and support. To be enforceable, it must be in writing, signed by both parties, and acknowledged in the same formal manner required to record a deed, and New York courts apply a strong presumption that a properly executed agreement is valid. A connected New York prenup attorney can review your situation at no cost.
A New York prenup can address ownership and division of separate and marital property, business interests, real estate, inheritances, and the amount and duration of spousal maintenance — provided those terms are fair when made and not unconscionable at the time of a divorce. It cannot set binding custody or support terms for children not yet born. A connected attorney can map out what your agreement should cover.
No. A prenuptial agreement is a contract that documents financial expectations and property arrangements before marriage — it doesn't predict or assume divorce. Many couples use a prenup simply to bring clarity to how premarital assets, businesses, and debts will be treated, regardless of what happens later.
New York doesn't require each party to have independent counsel for a prenup to be valid, but courts scrutinize agreements more closely when one party lacked representation, and independent review generally strengthens enforceability. A connected attorney can advise on the right approach for your situation.
Under DRL §236(B)(3), the agreement must be in writing, signed by both parties, and formally acknowledged — the same formality required to record a deed. New York's Court of Appeals held in Galetta v. Galetta (2013) that a defective acknowledgment can invalidate an otherwise agreed prenup, so execution formalities are taken seriously. The agreement must also be entered voluntarily, without fraud, duress, or unconscionable terms. Talk through your specific execution details with a connected attorney.
Yes. Married couples can modify or supplement a prenuptial agreement through a postnuptial agreement, governed by the same statute and similar formalities. A connected attorney can advise on updating an existing agreement as circumstances change.
There's no fixed New York deadline, but starting early avoids the rushed timelines that courts and opposing counsel sometimes point to when an agreement is later challenged. Disclosure, drafting, and negotiation take time. Start the conversation now to give your agreement room to be done right.
Define the Terms.
Before You Say "I Do."
A confidential consultation about your prenup — no pressure, no obligation.