Prenuptial Agreement Lawyer Brooklyn

Before a wedding takes place, many couples in Brooklyn choose to put their financial expectations in writing rather than leave them undefined for the marriage ahead. A prenuptial agreement, signed before the ceremony, can address how property will be owned, divided, or distributed during the marriage, along with terms addressing maintenance and testamentary rights, all while both parties are still unmarried and negotiating as equals. Kings County Supreme Court, located at 360 Adams Street, Brooklyn, NY 11201, is the Second Judicial District venue where matrimonial matters for Kings County residents are ultimately heard, and couples who plan ahead with a properly executed prenuptial agreement often reduce the disputes a court would otherwise need to resolve if the marriage later ends. New York law permits prenuptial agreements under Domestic Relations Law §236(B)(3), the same statute that governs agreements signed during a marriage, and the requirements for a valid agreement are demanding regardless of which side of the wedding date the signing falls on. The firm assists engaged couples in Brooklyn with negotiating, drafting, and reviewing prenuptial agreements that meet these statutory formalities and reflect each partner’s actual financial circumstances. Because a prenuptial agreement negotiated too close to the wedding date can raise questions about how freely it was entered into, couples are encouraged to begin the process well in advance. To discuss how a prenuptial agreement might apply to your upcoming marriage, call (888) 437-7747 to schedule a consultation.

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What Prenuptial Agreements Mean in Brooklyn

A prenuptial agreement in New York is governed by the same statute that governs postnuptial agreements, Domestic Relations Law §236(B)(3). The distinction is timing: a prenuptial agreement is negotiated and signed before the marriage occurs, while the couple is still legally unmarried. To be valid and enforceable, the agreement must be in writing, subscribed by both parties, and acknowledged or proven in the manner required to record a deed. These formalities apply with equal force to a prenuptial agreement as they do to a postnuptial agreement, and an agreement that fails to meet them can be set aside later even if its substantive terms were reasonable.

Within a valid prenuptial agreement, a Brooklyn couple can address several subjects. The agreement may include testamentary provisions or a waiver of the right of election against a spouse’s future will. It may also set out how separate and marital property will be owned, divided, or distributed if the marriage later ends, which is often the central purpose of a prenuptial agreement for couples who bring significant assets, a business, or real property into the marriage. The statute additionally allows the agreement to fix the amount and duration of maintenance, or otherwise define terms of the marriage relationship, so long as those terms were fair and reasonable when made and remain not unconscionable at the time a court is asked to enforce them.

A prenuptial agreement may also include provisions addressing the custody, care, education, and maintenance of children born during the marriage. Because these provisions fall under Domestic Relations Law §240, a Kings County Supreme Court judge retains authority to modify custody or child support terms based on the child’s best interest, regardless of what the engaged couple agreed before the wedding. Couples negotiating a prenuptial agreement in Brooklyn should treat the property and maintenance provisions as the agreement’s most durable terms, while understanding that any child-related provisions remain open to later court review.

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

Engaged couples in Brooklyn often come to the firm at different stages of planning a wedding, and the firm’s approach adjusts to how much time remains before the ceremony. Mr. Sris and the firm’s Of Counsel attorneys begin by reviewing each partner’s financial picture, including income, property owned before the engagement, and any business interests, since a prenuptial agreement is only as sound as the disclosure behind it. The firm then drafts language addressing property division, maintenance terms, and testamentary provisions consistent with DRL §236(B)(3), while making sure the agreement is executed with the writing, signature, and deed-style acknowledgment the statute requires.

Because the fair-and-reasonable and not-unconscionable standards apply both at signing and at any later enforcement, the firm drafts maintenance and property terms with an eye toward how the agreement may be viewed years later, not only how it looks at the time of signing. Mr. Sris’s background in accounting and information systems from George Mason University is applied to the financial aspects of these engagements, including cases involving closely held businesses, investment portfolios, or property located outside New York.

The firm also explains to engaged couples that any provisions addressing children the couple may have together remain subject to later modification under DRL §240, so those sections are drafted to reflect realistic expectations rather than false certainty. Whether the couple is planning a wedding in Brooklyn Heights, Williamsburg, or elsewhere in Kings County, the firm works to have the agreement negotiated, signed, and properly acknowledged well before the wedding date, reducing the risk that timing itself becomes a point of later dispute.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and has practiced law since that time. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University is applied to complex financial and technology-related cases, including the business valuations and investment disclosures that often arise when engaged couples negotiate a prenuptial agreement.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in matrimonial and family law matters throughout New York, including Kings County. The firm practices in agreements, custody, support, and property matters under New York’s Domestic Relations Law, and each engagement is approached according to the couple’s individual circumstances rather than a fixed template.

The firm’s principal office is located in Fairfax, Virginia, and the firm does not maintain a physical location in Brooklyn. Clients throughout Kings County are served by appointment, with consultations scheduled in advance by phone. The firm does not offer free consultations; couples who want to discuss a prenuptial agreement before their wedding can call (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

What is a prenuptial agreement under New York law?
A prenuptial agreement is a written contract signed before a wedding, authorized under Domestic Relations Law §236(B)(3). It allows an engaged couple to address property ownership, maintenance, and testamentary provisions in advance of the marriage. To be enforceable, the agreement must be in writing, signed by both parties, and acknowledged or proven in the manner required to record a deed. Because the agreement is signed before the marriage exists, both partners are negotiating as unmarried individuals, which is one reason courts scrutinize the circumstances of signing, including whether both sides had a fair opportunity to review the terms. Couples in Brooklyn use prenuptial agreements to clarify expectations about property and finances before starting a marriage.

How far in advance of the wedding should a prenuptial agreement be signed?
New York law does not set a specific number of days or weeks before a wedding that a prenuptial agreement must be signed. The statute’s requirements, a writing, signatures, and acknowledgment in the manner required to record a deed, apply regardless of timing. Signing well before the wedding date can help address later questions about whether an agreement was entered into freely and with adequate time for review, but this depends on the specific facts of each case rather than a fixed rule. Couples should begin discussing a prenuptial agreement as early as practical once they decide to pursue one, allowing enough time for full financial disclosure and negotiation.

Can a prenuptial agreement address spousal maintenance?
Yes. Under DRL §236(B)(3), a prenuptial agreement may set the amount and duration of maintenance, or otherwise define terms of the marriage relationship, as long as the terms were fair and reasonable when the agreement was made and are not unconscionable at the time a court is asked to enforce them. This means a maintenance provision that seemed reasonable when an engaged couple signed the agreement could still be challenged years later if enforcing it would be unconscionable given how circumstances have changed. Couples should discuss maintenance terms carefully during drafting rather than treating this section as a formality.

Can a prenuptial agreement decide custody or child support before children are born?
A prenuptial agreement may include provisions addressing the custody, care, education, and maintenance of children the couple may have, but these provisions are subject to Domestic Relations Law §240. A Kings County Supreme Court judge can modify custody or child support terms based on the child’s best interest at the time the issue arises, regardless of what the couple agreed before the wedding or before any children existed. Couples can still express their intentions in the agreement, and a court may consider them, but the provisions are not a substitute for a custody or support determination made when the facts are actually known.

Does the firm offer a free consultation for prenuptial agreements?
The firm does not offer free consultations. If you are planning a wedding in Brooklyn and want to discuss a prenuptial agreement, you can call (888) 437-7747 to schedule a consultation. During that scheduled time, you can review your financial circumstances, ask about the drafting and signing process, and discuss the timeline leading up to your wedding date. Because prenuptial agreements involve detailed financial disclosure, scheduling a consultation with enough lead time before the wedding allows the process to proceed without the added pressure of an approaching date.

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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