Prenuptial Agreement Lawyer New York

Couples planning a wedding do not always want to think about what happens if the marriage someday ends, but a prenuptial agreement lets them decide those terms together, in advance, rather than leaving them to a court years later. New York law recognizes prenuptial agreements as valid tools for defining property and financial rights within a marriage, so long as the agreement meets specific statutory requirements. Getting those requirements right at the drafting stage matters, since an agreement that falls short procedurally or substantively can be vulnerable to challenge if it is ever tested in a divorce. Law Offices Of SRIS, P.C. represents clients throughout New York in drafting, negotiating, and reviewing prenuptial agreements. The firm has been practicing since 1997. To discuss a prenuptial agreement before your wedding, call (888) 437-7747 to request a consultation.

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What a Prenuptial Agreement Means in New York

DRL § 236(B)(3) governs prenuptial agreements in New York, validating an agreement “made before or during the marriage” that addresses matrimonial matters, provided the agreement is in writing, signed by both parties, and acknowledged or proven in the manner required to entitle a deed to be recorded. For a premarital agreement specifically, the statute allows that acknowledgment to be taken before any person authorized to solemnize a marriage in New York, which can make the signing logistics somewhat more flexible than for an agreement signed later in the marriage.

A valid prenuptial agreement under DRL § 236(B)(3) can address several categories of matters: a contract to make a testamentary provision or a waiver of the right of election against a will; provisions for the ownership, division, or distribution of separate and marital property; provisions for the amount and duration of maintenance, subject to General Obligations Law § 5-311; and provisions for the custody, care, education, and maintenance of a child of the marriage, subject to DRL § 240. Beyond meeting the writing, signature, and acknowledgment requirements, the statute imposes a substantive fairness test: the agreement’s terms must have been “fair and reasonable when made” and must not be “unconscionable at the time of entry of final judgment.” That two-part standard is written into the statute itself, and New York case law, including Christian v. Christian, has further shaped how courts apply it.

One point couples often misunderstand is what a prenuptial agreement can and cannot lock in permanently. While property division and maintenance terms can generally be enforced as written if the agreement is valid, custody and child support provisions remain different. Those provisions stay subject to DRL § 240 and to modification based on the child’s best interests, meaning a couple cannot use a prenuptial agreement to bind a future court on how children will be raised or supported.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys work with clients who are preparing to marry and want a prenuptial agreement that will hold up under DRL § 236(B)(3), including attention to proper execution, acknowledgment, and, critically, full financial disclosure between the parties before signing. Because timing before a wedding can create pressure, the firm encourages starting the process early enough that neither party feels rushed into signing, since the circumstances surrounding execution can matter later if the agreement is ever challenged.

The firm also represents clients on the other side of the table, reviewing a prenuptial agreement presented by a fiancé or fiancée’s counsel and advising on what the terms actually mean, what protections they provide, and whether the agreement’s provisions are consistent with the fairness standard the statute requires. Where an existing prenuptial agreement is at issue in a later divorce, the firm evaluates its terms against both circumstances at the time of signing and circumstances at the time enforcement is sought.

Mr. Sris and the firm’s Of Counsel attorneys are also direct with clients about the limits of what a prenuptial agreement can control, particularly around custody and child support, so that expectations going into the marriage match what New York law will actually enforce. The firm’s intake line offers 24/7 phone intake for couples who want to begin discussing a prenuptial 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 work central to a well-drafted prenuptial agreement. 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 from the earliest planning stages of a prenuptial agreement through execution, and, where a marriage later ends, through enforcement or challenge of the agreement’s terms. The firm’s approach is grounded in the specific formal and fairness requirements of DRL § 236(B)(3), since both dimensions determine whether an agreement will actually be enforced as written.

Frequently Asked Questions

What are the requirements for a valid prenuptial agreement in New York?

Under DRL § 236(B)(3), the agreement must be in writing, signed by both parties, and acknowledged or proven in the manner required to record a deed. Its terms must also have been fair and reasonable when made and not unconscionable at the time enforcement is sought.

Can a prenuptial agreement decide child custody or child support in advance?

Custody and child support provisions in a prenuptial agreement remain subject to DRL § 240 and to modification in the child’s best interests. A couple cannot bind a future court on those terms simply by agreement.

What can a prenuptial agreement address in New York?

DRL § 236(B)(3) permits provisions addressing testamentary rights, ownership and division of separate and marital property, the amount and duration of maintenance, and matters relating to children, subject to General Obligations Law § 5-311 and DRL § 240 respectively.

Can a prenuptial agreement be thrown out later?

An agreement can be challenged if it did not meet the writing, signature, and acknowledgment requirements, or if it was not fair and reasonable when made, or has become unconscionable by the time enforcement is sought under DRL § 236(B)(3).

How far in advance of the wedding should a prenuptial agreement be signed?

New York law does not set a specific numeric deadline in the statute itself, but starting the process well before the wedding date can help avoid circumstances, such as time pressure, that could later be raised as part of a challenge to the agreement’s fairness.

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.

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