Prenuptial & Postnuptial Agreements

A prenuptial or postnuptial agreement allows a couple to decide for themselves how their finances will be handled if the marriage ends, rather than leaving those decisions to a court. A well-drafted agreement can protect a family business, preserve assets for children from a prior relationship, clarify financial expectations, and reduce conflict if the marriage ends. But New York has strict technical requirements, and even a small mistake in how an agreement is signed can make it unenforceable.

At Sharifov & Associates, PLLC, we draft, review, and negotiate prenuptial and postnuptial agreements for clients in New York City and on Long Island.

Key points:

A New York prenup or postnup must be in writing, signed by both spouses, and properly acknowledged, like a deed.
An agreement can cover property, maintenance, debts, and inheritance rights.
An agreement can address custody and child support, but those terms remain subject to New York law and the child's best interests, and parents cannot waive a child's right to support.
Separate attorneys and full financial disclosure make an agreement much harder to challenge.

Prenup vs. Postnup: What's the Difference?

A prenuptial agreement is signed before the wedding.
A postnuptial agreement is signed during the marriage. Couples use postnups when they didn't sign a prenup, after a major financial change such as starting a business or receiving an inheritance, or to settle financial issues within the marriage.

Who Should Consider a Prenup or Postnup?

business owners and professionals with practices;
people with significant assets, savings, or real estate before the marriage;
people expecting an inheritance or family gifts;
people with children from a prior relationship; and
couples where one spouse has significant debt.

What a Prenuptial Agreement Can Cover

which property is separate and which is marital;
how property will be divided in a divorce, including the growth in value of a business or investments;
spousal maintenance, including its amount, duration, or a waiver;
inheritance rights, including a waiver of the right to claim a share of the other spouse's estate;
responsibility for debts; and
ownership of the marital home and other specific assets.

What a Prenuptial Agreement Can't Decide

A marital agreement can address custody and parenting time, but the court must apply the child's best interests when those issues are decided. (Learn more: Child Custody & Visitation)
Child support provisions must comply with the Child Support Standards Act (opens in a new tab), and parents can't waive a child's right to support.

Legal Requirements for a Valid Prenup in New York

Under New York law (DRL § 236(B)(3) (opens in a new tab)), a prenuptial or postnuptial agreement must be:

in writing;
signed by both spouses; and
acknowledged, meaning each signature is formally acknowledged before a notary or other authorized official in the manner required for recording a deed.

The acknowledgment requirement is strictly enforced. New York's highest court (opens in a new tab) has refused to enforce an agreement with a defective acknowledgment and rejected a later attempt to fix the defect years after signing. A waiver of the right to inherit from a spouse has its own signing requirements. Precise execution is essential.

How Prenuptial Agreements Are Challenged

Even a properly signed agreement can be challenged on grounds such as:

fraud, including hiding significant assets or income;
duress or coercion, such as last-minute pressure before the wedding;
overreaching or unconscionability, meaning terms so one-sided that no reasonable person would accept them; and
maintenance terms that were not fair and reasonable when signed, or that are unconscionable when the divorce is finalized.

Postnuptial agreements receive closer scrutiny, because spouses owe each other a duty of fairness once they are married.

How to Make Your Agreement Stronger

Start early. Sign weeks or months before the wedding, not days.
Exchange full financial disclosure. Attaching statements of assets, debts, and income makes challenges much harder.
Each party should have their own attorney. Independent counsel for each spouse is one of the strongest protections.
Execute it correctly. Proper signing and acknowledgment is critical.
Follow the agreement. Keeping separate property separate during the marriage helps preserve its protections.
Review it over time. A major change, such as children, a new business, or relocation, may call for a postnuptial update.

Prenups and Immigration: The Affidavit of Support

When one spouse is a non-citizen sponsored for a green card, the sponsoring spouse signs an Affidavit of Support (Form I-864 (opens in a new tab)), a contract with the federal government. Most courts have held that a standard prenuptial waiver of spousal support does not eliminate the sponsor's obligations under Form I-864 (opens in a new tab), although court decisions are not entirely uniform. Couples in this situation should plan with attorneys who understand both family and immigration law, as our firm does.

Why Choose Sharifov & Associates, PLLC

Careful drafting and review of prenuptial and postnuptial agreements
Experience with business owners, professionals, and blended families
Family and immigration experience under one roof
Offices in NYC and Long Island

Practical answers

Frequently Asked Questions

Does a prenup have to be notarized in New York?

Can a prenup decide custody or child support?

Can we sign a prenup after we're married?

Do we each need our own lawyer?

Can a prenup waive a sponsor's immigration Affidavit of Support obligations?

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Uncontested Divorce & Separation Spousal Support & Maintenance

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