Prenuptial Agreement Attorney in New York Protect Your Assets, Secure Your Future
If you’re preparing to get married, a prenuptial agreement (or “prenup”) is one of the smartest financial decisions you can make. At The Law Office of Ramonita Cordero, we help individuals and couples throughout New York City, the Bronx, Manhattan, Brooklyn, Queens, and Westchester protect their rights, property, and peace of mind before saying “I do.”
What Is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract made between two people before they marry. It outlines how property, assets, income, debts, and support will be treated during the marriage and in the event of a divorce, separation, or death. While often associated with wealthy individuals, prenups benefit couples of all financial backgrounds by creating clarity and preventing future disputes.
In New York, prenuptial agreements are governed by strong contract law. As long as the agreement is entered into voluntarily, with full financial disclosure, and is not unconscionable or signed under duress, the courts will enforce it.
📞 (646) 440-4943
📧 rcordero@corderofamilylaw.com
Why You Should Consider a Prenup
A well-drafted prenuptial agreement allows couples to:
- Define marital vs. separate property
- Protect individual assets, inheritances, and family businesses
- Set expectations for spousal support (maintenance)
- Allocate responsibility for debts
- Preserve assets for children from prior relationships
- Avoid prolonged litigation during divorce
Whether you own a home, operate a business, expect a future inheritance, or have student loan debt, a prenup gives you control over your financial future and eliminates uncertainty.
What Can Be Included in a Prenuptial Agreement?
Prenuptial agreements in New York may include provisions for:
- Division of property and real estate
- Rights to retirement accounts, pensions, and investments
- Business ownership and appreciation
- Spousal maintenance (alimony)
- Treatment of premarital debts
- Inheritance rights and estate planning provisions
Note: Prenups cannot determine child custody or child support. Those issues are decided based on the child’s best interests at the time of separation.
📧 Email: rcordero@corderofamilylaw.com
How to Make a Prenup Legally Valid in New York
To ensure enforceability in New York, your prenuptial agreement must:
Be in writing
Be signed voluntarily by both parties
Be signed before a notary
Include full financial disclosure
Not be unconscionable (grossly unfair)
Follow New York Law.
Each party should have their own attorney to ensure the agreement is fair and fully understood. At The Law Office of Ramonita Cordero, we draft customized, airtight prenuptial agreements and represent clients seeking to enforce or challenge prenups in court.
Who Should Get a Prenup?
While every couple can benefit from a prenuptial agreement, you should strongly consider one if:
- You own real estate or a business
- You have significant savings or investments
- You expect to receive an inheritance
- You are remarrying or have children from a previous marriage
- Your partner has significant debt
Prenups foster open conversations about money, goals, and expectations—setting your marriage up for long-term success.
📞 (646) 440-4943
📧 rcordero@corderofamilylaw.com
FAQs About Prenuptial Agreements in New York
1. Is a prenuptial agreement enforceable in New York?
Yes, if it is properly drafted, voluntarily signed with full disclosure, and not unconscionable, it is generally enforceable.
2. Can we change our prenuptial agreement after marriage?
Yes, you can amend or revoke it with a postnuptial agreement, which must also meet legal standards.
3. Do we each need our own lawyer?
Yes. Independent legal counsel for each party helps ensure fairness and avoids future challenges.
4. What happens if we don’t get a prenup?
Your assets and debts will be divided under New York’s equitable distribution laws, which may not reflect your preferences.
5. Can a prenup protect my business?
Absolutely. You can specify that the business and its appreciation remain your separate property.
6. Can I waive spousal support in a prenup?
Yes, but it must be done carefully and may be scrutinized if it causes hardship.
7. Is a prenup public record?
No, prenuptial agreements are private contracts unless submitted to the court during divorce.
8. How soon before marriage should we sign?
Ideally, at least 30 days before the wedding to avoid claims of duress.
9. What if we signed it in another state?
New York will generally enforce out-of-state prenups if they were valid where signed.
10. What if my spouse refuses to sign a prenup?0
It’s a personal decision. We can help you have a productive, non-confrontational conversation about its benefits.