Postnuptial Agreement Lawyer New York

Marriages evolve, and sometimes a couple already married decides they want to put financial terms in writing that were never addressed before the wedding. A postnuptial agreement gives married spouses a way to define how property, and certain other matters, will be handled, without waiting for a divorce to force the question. New York law treats a postnuptial agreement under largely the same statutory framework as a prenuptial one, but the fact that it is signed during an existing marriage raises its own practical and legal considerations. Law Offices Of SRIS, P.C. represents clients throughout New York in drafting, reviewing, and, where necessary, litigating the enforceability of postnuptial agreements. The firm has been practicing since 1997. To discuss a postnuptial agreement, call (888) 437-7747 to request a consultation.

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What a Postnuptial Agreement Means in New York

Postnuptial agreements are governed by the same statutory provision as prenuptial agreements, DRL § 236(B)(3), which validates an agreement “made before or during the marriage” addressing matrimonial matters, provided the agreement meets specific formal requirements. Under the statute, the agreement must be in writing, signed by both parties, and acknowledged or proven in the manner required to entitle a deed to be recorded. Because a postnuptial agreement is signed during the marriage rather than before it, the premarital-specific acknowledgment option in DRL § 11 for taking the acknowledgment before someone authorized to solemnize a marriage does not apply in the same way; the deed-level acknowledgment requirement still governs.

Beyond the formal signing requirements, DRL § 236(B)(3) sets a substantive validity test that applies to both prenuptial and postnuptial agreements: provisions addressing maintenance or other terms of the marriage relationship must have been “fair and reasonable when made” and must not be “unconscionable at the time of entry of final judgment.” This two-part test is written directly into the statute itself, not created solely by case law, though New York courts, including in the well-known case of Christian v. Christian, have interpreted how that standard applies in practice.

A postnuptial agreement can address the ownership, division, or distribution of separate and marital property, and can include provisions about maintenance, subject to General Obligations Law § 5-311. It can also include provisions relating to custody, care, education, and maintenance of a child, but any such provisions remain subject to DRL § 240 and to the court’s independent authority to modify custody or child support arrangements in the child’s best interest. Spouses cannot use a postnuptial agreement to bind a court on custody or child support terms in a way that overrides the best-interests standard.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Postnuptial Agreement Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys work with married clients to draft postnuptial agreements that meet the formal requirements of DRL § 236(B)(3), including proper execution and acknowledgment, and that reflect terms the couple has actually negotiated together. Because a postnuptial agreement is signed after the marriage has already begun, the firm pays particular attention to full and fair financial disclosure between spouses, since incomplete disclosure can become a point of vulnerability if the agreement is challenged later.

For clients who already have a postnuptial agreement and are facing a divorce, the firm reviews the agreement’s terms against the “fair and reasonable when made” and “not unconscionable when enforced” standard in DRL § 236(B)(3), evaluating how the circumstances at signing and the circumstances at the time of the divorce line up with what the agreement provides. Where a client believes an existing postnuptial agreement should not be enforced as written, the firm builds the factual record needed to support that position.

Mr. Sris and the firm’s Of Counsel attorneys are also careful to flag any custody or child support terms in a postnuptial agreement as subject to independent court review under DRL § 240, so that clients understand which parts of an agreement are firm and which remain open to the court’s best-interests determination regardless of what the agreement says. The firm’s intake line provides 24/7 phone intake for clients who want to discuss drafting or reviewing a postnuptial agreement.

About the Firm

Law Offices Of SRIS, P.C. has been practicing since 1997. Mr. Sris, the firm’s Owner and Founder, is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He studied at George Mason University, with a background in accounting and information systems that the firm applies to the financial disclosure and asset-documentation work that postnuptial agreements often require. Attorneys who work on client matters beyond Mr. Sris are referred to collectively as the firm’s Of Counsel attorneys and contract directly with the firm.

Mr. Sris and the firm’s Of Counsel attorneys work with clients through both the drafting stage of a postnuptial agreement and, when a marriage later ends, the question of how an existing agreement should be enforced. The firm’s approach centers on the statutory formalities and the fairness standard in DRL § 236(B)(3), since an agreement that fails to meet either can be vulnerable to challenge.

Frequently Asked Questions

What makes a postnuptial agreement valid in New York?

Under DRL § 236(B)(3), the agreement must be in writing, signed by both spouses, and acknowledged or proven in the manner required to record a deed. Provisions addressing maintenance or other marital terms must also have been fair and reasonable when made and not unconscionable at the time of enforcement.

How is a postnuptial agreement different from a prenuptial agreement?

Both are governed by the same statute, DRL § 236(B)(3), and the same formal and fairness requirements apply. The main difference is timing: a postnuptial agreement is signed after the wedding, during an existing marriage, rather than before it.

Can a postnuptial agreement decide custody in advance?

A postnuptial agreement can address custody-related matters, but any such provisions remain subject to DRL § 240 and to the court’s authority to modify custody or child support arrangements based on the child’s best interests. Spouses cannot bind the court on those terms by agreement alone.

What can happen if an agreement was signed without full financial disclosure?

Incomplete financial disclosure at the time of signing can become relevant to whether an agreement was fair and reasonable when made, one part of the two-part validity test under DRL § 236(B)(3).

Can a postnuptial agreement be challenged years after it was signed?

A postnuptial agreement can be challenged if a party believes it was not fair and reasonable when made, or has become unconscionable by the time enforcement is sought, since DRL § 236(B)(3) evaluates both points in time.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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