Flat-fee prenuptial agreement drafting and review for couples planning to marry. Protect separate property, address spousal support, structure business interests, and create the framework you both want for the marriage — set in writing before the wedding.
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A prenuptial agreement is a contract between two people who plan to marry, signed before the wedding, that addresses what would happen financially if the marriage ends — through divorce or death. It can address property (what stays separate, what becomes shared, how appreciation is treated), spousal support (whether either spouse will pay support if divorce happens, and on what terms), business interests (protecting one spouse's pre-marital business or future earnings), inheritance and estate considerations (preserving assets for children from prior relationships), and other financial arrangements specific to the couple.
Prenups have moved past the cultural baggage they used to carry. Couples who get prenups today are typically in one of several patterns: someone bringing substantial separate assets into the marriage, someone with a business or substantial earning potential, someone with children from a prior relationship, someone marrying later with established financial life, or simply two people who want to make their financial framework explicit before marriage rather than relying on default state law. None of these patterns suggest the marriage is doomed; they suggest the parties are being thoughtful.
What prenups don't do — and what's worth understanding before drafting one — they cannot address child custody or child support (those are determined by courts at the time of divorce based on the children's best interests, and prenup provisions on these would be unenforceable). They cannot include incentives or penalties for behavior during the marriage (no "lifestyle clauses" requiring weight maintenance or fidelity penalties — those are unenforceable in NY). And they need to be entered into voluntarily, with full financial disclosure, with opportunity for independent counsel, and without duress. Prenups signed the day before a wedding without either party having an attorney review are vulnerable to challenge later. We structure the process to avoid these vulnerabilities.
The drafting starts with understanding the couple's situation: each person's assets and income, debts, business interests, family expectations, children from prior relationships, and what they want the agreement to do. We have this conversation jointly with both parties (when only one party is using us as their attorney, we have it with that party first), and the conversation often clarifies what the prenup actually needs to address — sometimes more than the parties initially thought, sometimes less.
Both parties make full written financial disclosure to each other — assets, debts, income, business interests, expected inheritances. This isn't optional; under NY law, a prenup signed without full disclosure can be challenged later as unenforceable. The disclosure can be done in many ways (formal schedules attached to the agreement, sharing of tax returns and statements, written summaries), but it has to be substantive and accurate.
The agreement is drafted to reflect what the couple has agreed and to comply with NY's specific requirements for enforceable prenups. Common provisions: identification and treatment of separate property (assets owned before marriage), treatment of marital property (assets acquired during the marriage), how appreciation in separate property is treated, spousal support provisions (waiver, structured support, or default to state law), business interests and how they're protected, inheritance protection, and provisions for what happens if either spouse dies during the marriage.
Each party should have their own attorney review the agreement. NY courts give substantial weight to whether each party had independent counsel and adequate time to consider the agreement. Single-attorney prenups (one attorney representing both parties or one party only) are vulnerable to later challenge. We routinely work with the other party's chosen counsel during the review process — answering questions, addressing proposed modifications, reaching final agreement.
The agreement is signed by both parties, with notarization. Critically, signing should happen well in advance of the wedding — ideally 30-60 days before. Prenups signed in the days right before a wedding are vulnerable to later challenges based on duress (the argument that one party signed under pressure to avoid canceling a wedding that's already in motion). NY courts have invalidated prenups signed too close to the wedding date when challenged. We push the timeline to allow adequate buffer.
Prenups can be amended after marriage by mutual agreement (the postnup process — a separate agreement signed during the marriage modifies the prenup). Major life events (children, business changes, inheritance, substantial financial changes) sometimes warrant updating the original agreement. We work with clients on postnuptial amendments when life events warrant.
Prenuptial agreement drafting prices as a flat fee set in writing before any work begins. Standard prenups for couples with relatively straightforward financial situations price predictably. Complexity factors that adjust pricing: substantial assets, business interests requiring valuation or structuring, children from prior relationships requiring careful inheritance protection, or unusual provisions specific to the couple.
For both parties wanting representation, we either represent one party (the other party engages their own attorney) or refer the matter to two attorneys for parallel representation. Single-attorney prenups (one attorney representing both parties) are not appropriate — the conflict of interest creates enforceability risk for the agreement.
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From initial conversation to signed agreement, typically 4-8 weeks for straightforward situations. The timeline includes initial consultation, financial disclosure preparation by both parties, drafting, review by the other party's attorney, negotiation of any modifications, and signing. Complex situations (substantial assets, business interests, multi-jurisdiction considerations) take longer. Starting the process early — at least 2-3 months before the wedding — gives adequate time and avoids the duress concerns that come with signing too close to the date.
Ideally 3-6 months before the wedding. The agreement should be signed at least 30-60 days before the wedding to avoid duress concerns. Starting the legal process early gives time for the conversation, the financial disclosure, the drafting, the review, and any modifications without the rushed feeling that comes with last-minute prenups. Some couples start a year or more in advance; some start later. Early is better.
Strongly recommended. Each party having independent counsel is one of the most important protections against later challenges to the agreement. NY courts give substantial weight to whether both parties had attorneys when evaluating the enforceability of a prenup. Single-attorney prenups (one attorney representing both parties or one party only) are vulnerable to challenge. We routinely work with the other party's chosen counsel during the process.
Property division (separate vs. marital, treatment of appreciation), spousal support (waiver, structured support, or default to state law), business interests and how they're protected, inheritance and estate considerations, debt allocation, and provisions for death of either spouse during the marriage. What it can't include: child custody or child support provisions (those are determined at the time of divorce based on the children's best interests), lifestyle clauses (incentives or penalties for behavior during marriage), or provisions that violate public policy or NY law.
Yes. Prenups can be amended through a postnuptial agreement signed during the marriage. The amendment process follows similar requirements as the original prenup — mutual agreement, full financial disclosure, opportunity for independent counsel, and proper execution. Common reasons to amend: substantial financial changes (sale of a business, large inheritance), birth of children, or simply the parties wanting to update terms after seeing how the marriage and finances have actually developed.
It happens. Reasons vary — some people object on principle (feeling that prenups suggest the marriage is destined to fail), some object to specific terms, some object to having to disclose finances. The conversation about the prenup is sometimes more useful than the prenup itself, surfacing the parties' actual financial expectations and concerns. If the parties can't agree on whether to have a prenup, they don't have one — but the conversation has clarified the issue. For couples who can't agree on terms but agree on the concept, mediation or collaborative drafting sometimes resolves the impasse.
Flat fee set in writing before any work begins. Standard situations price predictably; substantial assets, business interests, or complex provisions price higher. Get a free quote in under an hour by submitting the contact form.
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