Clark Peshkin
Prenuptial & Postnuptial Agreements in New York State
Marriage is a partnership, and just like any major life decision, it deserves thoughtful financial and legal planning. Prenuptial and postnuptial agreements provide clarity, security, and protection for both spouses, ensuring that financial expectations are clearly defined from the start. Whether you are preparing for marriage or already married, a well-crafted agreement can help safeguard your assets, business interests, and future financial stability.
Understanding Prenuptial & Postnuptial Agreements
What Is a Prenuptial Agreement?
A prenuptial agreement (prenup) is a legally binding contract created before marriage that outlines how assets, debts, and financial matters will be handled in the event of divorce, separation, or death. It can address:
- Division of assets and property
- Business and investment protections
- Debt responsibility
- Spousal support terms
- Estate planning considerations
What Is a Postnuptial Agreement?
A postnuptial agreement (postnup) is similar, but is created after a couple is already married. Couples may choose to create a postnup due to changes in financial circumstances, business ventures, or to clarify financial rights and obligations.
Both agreements help prevent financial disputes, protect premarital assets, and provide peace of mind in the event of a future separation.
If you and your partner lived together for a significant period before getting married, a prenuptial or postnuptial agreement is essential to clarify how the financial choices made during your premarital relationship will affect your finances and rights now that you’re legally married or plan to marry.
The Process of Creating a Prenuptial or Postnuptial Agreement in New York
1. Consultation & Financial Disclosure
Each party must fully disclose assets, debts, and financial interests to ensure transparency. At Clark Peshkin, we work hard to understand your finances and your goals and then work with you to draft an agreement that aligns with your interests.
2. Drafting the Agreement
We create a tailored agreement that outlines your assets, financial arrangements, and legal protections, ensuring compliance with all legal requirements so that your agreement is enforceable and secure for the future.
3. Negotiation & Review
Each party should have their own attorney review the document to ensure fairness and that no undue pressure was involved. Negotiations may take place to refine terms until both parties reach a mutually beneficial agreement.
4. Signing & Legal Enforcement
Once finalized, the agreement must be signed before a notary. A well-drafted prenup or postnup is enforceable in New York courts, as long as it is fair, voluntarily signed, and executed without coercion.
Client Testimonials & Educational Resources
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Client Testimonials
Interested in how we have successfully helped other clients like you? Visit our Client Testimonials page to hear from individuals who have worked with us to create clear, enforceable family law agreements.
Explore Our Blog
Want to learn more? Our Blog provides clear, practical insights on all aspects of family law, including prenuptial agreements, postnuptial agreements, asset protection, financial planning in marriage, and other critical family law topics.
Convenient Office Locations Across Upstate New York
Clark Peshkin proudly serves clients throughout Western and Central New York, providing local support from three centrally located offices:
Buffalo Office:
Serving Erie County and Western New York
716.354.1611
Rochester Office:
Serving Monroe County and surrounding communities
585.565.6299
Syracuse Office:
Serving Onondaga County and Central New York
315.895.5979
Contact Clark Peshkin Today
Whether you are preparing for marriage or seeking to protect your assets after tying the knot, our attorneys provide the strategic guidance and legal insight you need. Contact us today to schedule a consultation and start the process of securing your financial future.