Last Updated on: 22nd June 2025, 11:36 pm

Prenuptial Agreement Law Manhattan: Complete Guide to Protecting Your Assets Before Marriage

Understanding Prenuptial Agreements in Manhattan

When you are in a relationship that is soon graduating into marriage, then it is the time to think about the prenuptial law or a prenuptial agreement. A prenuptial agreement, also called an antenuptial agreement, is a written contract entered into by you and your future spouse. This is the agreement that you and your future spouse enter. Here is when you and your partner disclose to each other about all your money and property that you own before you get married.

In Manhattan, you can agree on what will happen to your money and property if an unfortunate happening such as divorce or death strikes. According to recent data, 21% of married people in Britain had a marital agreement in place, and this trend is growing globally. Also, you are supposed to set forth your rights and responsibilities during your marriage life, and how your property and monies will be divided when one of you passes on or you divorce.

Legal Validity of Prenuptial Agreements

Courts in Manhattan recognize a valid prenuptial agreement between couples which may be different from what the said state would have otherwise shared your property. Although some states already determine how your property should be divided upon divorce or death, courts in Manhattan recognize a valid prenuptial agreement between couples. In essence, the agreement takes control of your property away from the state and places it in the hands of the couple.

Sometimes, the agreement may provide that the nature of your property and finances be preserved with the end of the marriage, other than being subject to community property. Our attorneys at Spodek Law Group can help ensure your prenuptial agreement meets all legal requirements.

What Makes a Prenuptial Agreement Valid?

Courts are obliged to uphold a prenuptial agreement until one or all of these four things occur:

• One party is forcefully made to sign the agreement
• This agreement was unfairly created
• The same agreement is likely to encourage divorce
• This agreement was deliberately written and signed with the intention of divorce

It is vital that these contracts be based on full disclosure of property and also debts by all partners so that it does not become vulnerable in court. In New York, the agreement must also be executed and acknowledged with the full formality required for a deed. Also, in the event you do not hire an attorney to create the agreement in Manhattan, it should be essential to keep a copy if your spouse does the same.

Key Benefits of Hiring a Prenuptial Attorney

Majority of couples, cluelessly, fail to hire a prenuptial lawyer for the primary reason that marriages are bound to last forever. The rude shock is that only a few of them last forever, and many couples will be glad they had this agreement upfront. Recent data shows that 50% of U.S. adults support the use of prenups, up from 42% last year.

How Our Spodek Law Group Attorneys Minimize Divorce Complexity

Divorce process requires both time and money, and in the end, a daunting and emotional process. While in a messy marriage, it is hard to put divorce behind you and move forward. In such a case, a prenuptial lawyer from Spodek Law Group will help you make divorce decisions earlier in case the worst happens.

Understanding the Prenuptial Agreement Process

Getting married is a big step to take, and the preparation can be stressful. One important step every couple should take is setting up a prenuptial agreement, which is often shorted to a prenup. Just like the name suggests, this is an agreement that you and your future spouse sign into before the wedding.

It’s not hard to understand how a prenup works. A prenup is a legal contract that each spouse enters into before they get married, and it covers exactly what will happen in the event of a divorce. If the couple stays together, the prenup will never come into effect. Data shows that 75% of prenup users are between ages 18-39, debunking the myth that prenups are only for the wealthy or older individuals.

What Should Your Prenuptial Agreement Cover?

Now let’s examine what a prenup should cover. The lawyers at Spodek Law Group recommend considering these key areas for your prenup:

• Marital assets
• Spousal support
• Child custody
• Child support

Marital assets are often the most complex part of putting together a prenup. In a typical marriage that takes place in Manhattan, assets that each spouse had before the marriage remain their property. Anything a couple gets together is a shared marital asset, and anything one spouse buys alone belongs to them.

New York State Legal Requirements

Under New York law, prenuptial agreements must be written, signed by both parties, and witnessed by a notary public to be valid. The document must also be acknowledged in the same form as required for filing a deed in New York. Our attorneys at Spodek Law Group ensure all these requirements are met.

Although this is how it generally works, it’s best not to rely on this, because a court could decide differently. That’s why it’s better to clarify who will keep what assets in a divorce through a prenup. A prenup can clarify whether either spouse will pay spousal support to the other after the marriage. If so, it should specify the amount paid and how long this will last. If there will be no spousal support, the prenup should clarify that.

Protection for Children and Future Considerations

Child custody and support arrangements are obviously important for couples with children, but even if you and your future spouse don’t have kids yet, you should still include provisions in the prenup for what will happen if you have kids and later get divorced. However, prenuptial agreements cannot definitively address child support issues or custody issues for unborn children. Such issues must be resolved based on circumstances at the time of a separation or divorce.

If you have any amount of inheritance set aside for your child or children, a prenuptial agreement can assure that this inheritance isn’t included in the general divorce proceedings. Or, if you have a family home or furniture that has emotional meaning, this may also be one of the items you consider discussing with a prenuptial attorney from Spodek Law Group.

Why Modern Couples Choose Prenuptial Agreements

People often find the idea of getting a prenup unromantic, and even though that may be true, it’s the smart thing to do. A prenup is like an insurance policy. You obviously never want to need it, but if you’re in a situation where you do, then you’ll be glad you got it.

Research shows that 56% of people who signed a prenup had a previous marriage, highlighting how prior experiences influence the decision. Divorces are often expensive, especially if you and your spouse can’t agree on the terms and go through a contested divorce. And at that point, neither of you have control of what’s going to happen, because the court will decide. With a prenup, you two can at least figure everything out yourselves.

Essential Consultation Process with Manhattan Attorneys

You and your spouse can agree on the terms of a prenup, but it’s best for each of you to have your own attorney look it over. Here’s why – Manhattan courts can and have tossed out valid prenups for all kinds of reasons. If your prenup heavily favors one spouse over the other, a court could decide not to use it.

A lawyer from Spodek Law Group can check your prenup to see that it’s balanced and that it’s fair to you. Since you and your future spouse are separate parties here and essentially on opposite sides of the prenup, you each need your own lawyer to represent your interests. Family law experts recommend that each spouse should have a lawyer when negotiating a prenup.

When you each have your own lawyers, it’s also unlikely that the prenup will be declared invalid later because one party signed it under duress. The bottom line is that if you’re going to get married, a prenup is the wise choice, and our attorneys at Spodek Law Group will help you handle it correctly.

Protection Beyond Personal Wealth

While Manhattan prenuptial attorneys are usually hired by the wealthier party before marriage, protecting personal wealth isn’t the only reason it may be wise to enter into a prenuptial agreement. While no one wants to consider the event of making good on a prenuptial agreement someday down the road, hiring a Manhattan prenuptial attorney from Spodek Law Group to help you arrange one of these legal agreements may be one of the best ways to protect your assets and retain your personal sovereignty.

A prenuptial agreement can essentially consist of any relevant points that a couple agrees upon, but some of the most common issues clarified with a prenup include each spouse’s right to property both individually and jointly owned during the marriage and in the event of divorce or death and the distribution of other assets and debts. A prenuptial agreement also covers each spouse’s right to manage and sell property owned by either partner and the ability of each partner to make family business decisions.

Comprehensive Coverage of New York State Laws

A proper prenuptial agreement written up by Manhattan prenuptial attorneys at Spodek Law Group will also take into account the New York State laws that affect the contract and each spouse’s right to benefits accrued from the other partner’s life insurance policy. This agreement will also thoroughly cover the topic of alimony, including the exact amount of alimony is to be awarded for what duration of time.

A prenuptial agreement can also cover a number of other topics that either partner finds pertinent and can have some bearing on custody battles down the road, though a New York judge will only use a prenuptial agreement as a piece of evidence in a custody case and will make their decision in light of a number of other factors as well.

Proper Setup and Validation Requirements

Getting set up with a prenuptial agreement may end up being one of the wiser choices you ever make, but the specifics of developing this sort of legal contract can be tricky and are greatly simplified by contracting the services of Manhattan prenuptial attorneys from Spodek Law Group. While establishing the validity of a prenuptial agreement made in New York technically only requires that the document be signed in the presence of a notary public, it’s important that you and your spouse work with separate attorneys in order to avoid suspicion in court.

Prenuptial agreements are only held up in New York courts if they are properly put in writing and notarized, neither party is under was under 18 or mentally incompetent at the time of signing, and neither spouse was deceived or treated with severe unfairness by the points in the agreement. Also, if in disclosing their assets either future spouse misrepresents their financial situation the resulting prenuptial agreement is likely to be overturned.

Evolution of Prenuptial Agreement Usage

Years ago, when prenuptial agreements were first introduced, they were primarily used by the wealthy to safeguard their finances. One spouse was asked to sign the contract as a means of ensuring each partner took from the marriage whatever they brought into it and, for the upper classes, this was an important concern. Today, however, prenuptial agreements are employed by people of every economic standing for the reason mentioned above, as well as for many other reasons. Statistics show that 63% of divorce attorneys have seen an increase in prenuptial agreements in the last three years.

It’s now a legal tool often used to ensure divorces are quicker and less painful. For all these reasons and more, it simply makes sense to work with a qualified prenuptial attorney from Spodek Law Group in Manhattan when drafting this complicated agreement. Our prenuptial attorneys are well-versed in every aspect of the process and you can vastly increase the likelihood of your antenuptial agreement being held up in court by taking advantage of their expertise.

When You Need Prenuptial Protection

A prenuptial agreement isn’t required to get married, so, in that respect, no one is required to get one. However, many couples see the advantages of having one in place and seek out an experienced attorney from Spodek Law Group to help get one drafted. Under what circumstances is a prenuptial agreement most beneficial, then?

The goal is to protect your assets in a divorce settlement, so, before tying the knot, you may want to look at your specific situation. For instance, if you own your own business, expect a large increase in income, or anticipate receiving a sizable inheritance, a prenuptial agreement may be your best course of action. This is especially true if you’re significantly wealthier than your intended spouse.

Prenuptial agreements are often utilized in situations where one spouse expects to support the other spouse, while he or she pursues a college degree. In that case, the agreement may establish conditions under which that support must be repaid, or it may line out other considerations. Similarly, one spouse may expect to pursue a degree or certification that will lead to a more financially rewarding career.

Limitations and Important Considerations

In many cases, a well planned prenuptial agreement can limit the length and scope of a divorce court hearing. If property issues are settled in the agreement, there’s little need to rehash those details at the time of the divorce, ensuring a quicker settlement. There are some items that cannot be included in a prenuptial agreement, however.

Where children are products of the marriage, there will be issues of custody, visitation, and support to settle. The terms and reasons for the divorce may have a direct bearing on what’s best for the children, so including these items in a prenuptial agreement may just be a waste of time and resources. In the end, it’s up to family court to determine the best situations for any children involved and there’s no telling how that may be affected in the years between the drafting of the prenuptial agreement and the time of the divorce.

As a rule, any details that don’t directly deal with the distribution of property and finances should be omitted from the prenuptial agreement. Errors of this nature are common in agreements drafted without the assistance of an experienced lawyer from Spodek Law Group. While hiring a family law attorney may create an added expense, it may be worth it to ensure the prenuptial agreement isn’t invalidated at the time of divorce.

Protection from Various Scenarios

There are a few other conditions under which a prenuptial agreement may be considered. The possession of real estate, stocks, retirement accounts, etc. are all items that you would want protected from a divorce settlement. Also, one spouse may have older parents or young children who depend on them for their financial future. Under such circumstances, they will want to ensure funds intended for them aren’t dispensed in a divorce settlement.

Newlyweds can be a little hesitant about a prenuptial agreement. But many have chosen this option as an additional layer of security. If you do as well, you should let a trained attorney from Spodek Law Group guide you through the process.

Addressing Vindictive Spouse Syndrome

You and your significant other may be madly in love, but love tends to turn into fury when something bad happens. That rage can lead one to make questionable decisions that he or she would not otherwise make. The estranged spouse might threaten your visitation with the children, take your property and leave you penniless. A prenuptial agreement drafted by an attorney would secure both parties in the event that one of you contracts vindictive spouse syndrome.

The Objectivity and Professional Guidance

As a relationship reaches its emotional peak, you might have a very high perspective of your significant other. This can sometimes compromise one’s ability to think rationally about an issue. This is often how abusive relationships happen. One party will be the best person that he or she can be until they get settled into the marriage. Then if you want a divorce, it will be more complicated. Our Spodek Law Group attorneys provide objective guidance during this emotional time.

A characteristic of a loveless marriage is that one party does not really want to be there, but he or she has no other options. If that party were to leave, the spouse would not provide sufficient funds. A prenuptial agreement can prevent that bad situation. Neither party will be trapped.

Common Validity Issues to Avoid

If you try to draft a prenuptial agreement without an attorney, you could run into some problems. When the time comes to use it, the judge might tell you that it is invalid. There are several reasons that a prenup would be invalid. If it violates public policy laws regarding parental visitation or property rights, then it would be an invalid contract. The court will also not enforce non-monetary stipulations. There are several other examples like this one, and a lawyer from Spodek Law Group will be able to identify them for you.

Much like how all contracts can be contested, your prenuptial agreement can be contested in a divorce hearing. If your prenuptial agreement is valid, then it should hold up in court. Some poorly-composed prenuptial agreements can be deemed invalid by a family court judge.

A second look at a prenuptial agreement may reveal a host of gross errors in the document that, under New York state law, would render the prenuptial agreement useless. Incomplete or false information in the document can both be cited as grounds for requesting a prenuptial agreement be invalidated.

Financial Management During Marriage

A prenuptial agreement does not merely cover issues that arise in the event of a divorce. It also dictates how finances will be managed during the course of the marriage. You will decide whether you want joint accounts or if you want to keep your finances separate. This also disarms the common assumption that a prenuptial agreement sets a precedent for divorce. It is actually a binding contract designed to manage the marriage.

A well informed Manhattan prenuptial lawyer from Spodek Law Group is not likely to make such gross errors when drawing up a prenuptial agreement. Years of experience creating prenuptial agreements and litigating the agreements in family law court collaboratively contribute to legal expertise. The main point is that a prenuptial agreement drafted by our attorneys should possess the validity necessary to be upheld in court.

Protection and Future Security

One of the most intimidating aspects of divorce is that neither party knows what their life will look like should the marriage end. They are concerned about their relationship with their children and their assets. A prenup will provide necessary information for a stress-free life. Of course, a trained attorney from Spodek Law Group will be necessary for that to ensure that there are no problems with the agreement.

If you hire an attorney now to draft a prenuptial agreement, it could save on lawyer fees in the future. A divorce often leads to court proceedings to determine assets and parental rights. Since a prenup would settle those issues, a trial would be unnecessary. Studies show that only about 10% of marriages have prenuptial agreements, despite nearly 50% of unmarried people believing they can be helpful.

Managing Debt and Asset Distribution

If your spouse has a few outstanding debts (such as student loans), that probably would not change your desire to get married. But you might not want to share that responsibility. An attorney from Spodek Law Group can draft a prenup stipulating that both parties will be responsible for their own debt.

You might think that your will can properly represent your wishes. But sometimes family members who are left out of a will (or did not receive a favorable inheritance) can contest it. If they are successful, your assets will be distributed to your next of kin independently of your wishes. A prenuptial agreement under the supervision of an attorney will function as an additional testament to your wishes. This is also another reason that a prenup is not just about divorce. It is about your personal security and finances.

Special Considerations for Complex Situations

If you have children from a prior marriage, then your spouse should know that they come first. With that being the case, he or she should be willing to sign a prenup for their sake. In the event of your death or a divorce, you might not want your spouse to take custody of the children. Let a lawyer from Spodek Law Group handle that clause for you.

If you pay for your spouse’s tuition while he or she is pursuing a degree, you are essentially making an investment. When he or she graduates, you will have a more prosperous lifestyle. But if you get a divorce, then your spouse will reap the rewards of the degree and you will lose your investment. A wise attorney from Spodek Law Group will prepare for this problem by including the value of the degree in the prenuptial agreement.

A prenuptial agreement is not indicative of lost love. It is a mechanism for managing the marriage and preparing for the worst.

Making an Informed Decision About Prenuptial Agreements

Many couples who are planning to get married choose to enter into a prenuptial agreement. It is a very personal decision and requires a great deal of thought. Perhaps one person in the couple wants to have a prenup drawn up, but the other may not be happy about the idea. Regardless, when one or both parties decide that having a prenup agreement is the right course of action for them prior to the marriage, it’s important to know everything about prenuptial agreements.

You must educate yourself about the facts as well as the pros and cons. If you are located in Manhattan, New York, hiring a Manhattan attorney from Spodek Law Group who has experience with prenups is also wise.

Understanding the Benefits

There are certain aspects of a prenup agreement that can be beneficial for both future spouses. Those benefits are as follows:

• Each party gets to document their own property and keep it separate, which protects it and them in the event that the marriage doesn’t last.
• A prenuptial agreement can support a party’s estate plan and help the individual avoid having the court involved in deciding how property should be distributed.
• The parties get to decide what they want to treat as marital property and what should be community property.
• It allows you to document and detail any special arrangements between the spouses.
• A prenuptial agreement allows both parties to avoid court proceedings that can be long and involved in the future, which can lead to the need to hire divorce attorneys who can be very expensive.
• The agreement can help to reduce conflicts during a divorce if the marriage doesn’t work out.
• A prenuptial agreement can help to establish rules and procedures for issues that could potentially come up in the future.
• The agreement is good for assigning debt, including mortgages, credit cards, student loans and more to the spouse who has said debt, which avoids assigning liability to the other spouse.

Addressing Common Misconceptions

Not surprisingly, many people have misconceptions about prenuptial agreements. Most have a natural fear of bringing up the term and believe that it will cause friction in their relationship, especially if marriage has ever been brought up as an option for the future. However, in many cases, the opposite is actually true.

One of the biggest reasons why marriages end in divorce is finances, which is also one of the main irreconcilable differences that lead to divorce. If you discuss making arrangements ahead of time for your finances, property and assets, it can help by preventing many disagreements in the future. In addition, openly discussing options like prenup agreements is positive because you are engaging in healthy communication, which is important in any relationship. Even if you ultimately decide that a prenup isn’t the right option for you, talking openly about it is wise.

Understanding Potential Drawbacks

Of course, anything that carries benefits also includes a few disadvantages as well. Prenuptial agreements are no exception. The downsides to getting a prenup include the following:

• Discussing a prenuptial agreement with your partner is unromantic. It can put a damper on your future spouse’s loving mood, so if you fear that it might scare him or her away, then it may not be the right option for you.
• The timing of discussing a prenup is not always ideal. When a marriage is just on the horizon or is still new, you are typically in a time of bliss and something like a prenuptial agreement may not even be a thought.
• State laws may cover all of your most pressing issues without a prenuptial agreement. If this is the ideal option for you, you and your significant other may not even need a prenup.
• Prenuptial agreements do not take into account anything regarding children. That means they don’t cover child custody or child support and that you must go through the court to determine those matters.
• A prenuptial agreement does not include a party’s personal preferences. They are specifically created to address financial issues.

You may not even understand many of the aspects of a prenup or why it might be good for you and your spouse. At some point in the future, issues that prenuptial agreements cover will eventually arise. However, if you don’t think the timing is right for discussing a prenup, you may want to reconsider. You can always wait to bring it up after you are already married and when you have more knowledge and experience regarding the management of the household. After you’re already married, this agreement is referred to as a “postnup.”

Final Considerations

Whether or not you ultimately decide to have a prenuptial agreement created before you take a walk down the aisle, it’s wise to contact a Manhattan prenup agreement lawyer from Spodek Law Group to learn more about it. Our attorneys can give you valuable advice about the best course of action to take.

Of course, those contesting a prenuptial agreement may be able to do so successfully even when an attorney has written up the document. Another duty our attorneys can perform would be a review of the agreement. If flaws are discovered, then the attorney from Spodek Law Group can argue the document fails the validity test in New York.

Eventually, conflicts that arise from monetary issues can be easily solved or completely avoided. A less common agreement is a postnuptial agreement. This functions exactly the same as a prenup, with the key difference being that the couple agrees to it after they get married. The risk with a postnuptial agreement is that you and your spouse may not agree to terms, and at that point, you’re already married. While a postnuptial agreement works, it’s better to sort everything out before your wedding day.