Prenuptial Agreements Complex Issues. Dedicated Attorneys. Proven Success.

Prenuptial Agreement Attorney on Long Island

25 Years Drafting Prenuptial Agreements for Long Island Couples

A prenuptial agreement, also called a premarital or antenuptial agreement, is a written contract signed before marriage that establishes each party’s financial rights and obligations if the marriage ends in divorce, separation, or death. Without one, New York courts apply equitable distribution under Domestic Relations Law Section 236, dividing marital property based on circumstances rather than any arrangement the spouses might have preferred. For couples with assets, a business, children from a prior relationship, or simply a clear picture of what’s fair, a well-drafted agreement sets those terms in advance.

We serve clients throughout Nassau and Suffolk counties and the broader New York City metropolitan area. Lee Rosenberg has practiced matrimonial and family law for more than 25 years, with prenuptial agreement drafting as an explicit part of that work. As a Fellow of the American Academy of Matrimonial Lawyers, he brings practitioner-level depth to agreements that may be reviewed in court.

Ready to start the prenuptial agreement process? Call our Long Island office at (516) 212-9211 or use our online contact form to schedule a consultation.

What a Prenuptial Agreement Can Cover in New York

Under NY Domestic Relations Law Section 236(B)(3), a prenuptial agreement can address a wide range of financial matters. Couples have substantial flexibility in deciding what the agreement covers.

Property Division
A prenup can designate pre-marital assets, inherited property, and business interests as separate property, keeping them outside equitable distribution claims. Separate property that appreciates during the marriage may still be subject to equitable distribution without an agreement that explicitly addresses appreciation.

Spousal Maintenance
The agreement can set the amount and duration of spousal maintenance, or waive it entirely, subject to limits the court may apply if enforcement would leave one party relying on public assistance.

Business Interests
Business owners can use a prenuptial agreement to address whether a spouse may acquire an ownership interest and whether a business valuation may be required in the event of divorce.

Inheritance & Estate Provisions
Couples with children from prior relationships can use a prenup to protect inheritance rights and clarify how assets may pass to those children. Waivers of testamentary rights are also permitted under New York law.

Enforceability Requirements Under New York Law

A prenuptial agreement that doesn’t meet New York’s formal requirements may be set aside entirely, regardless of its content. Under Domestic Relations Law Section 236(B)(3), the agreement must be in writing, subscribed by both parties, and acknowledged in the manner required to record a deed. A defective acknowledgment alone can void the agreement.

Courts also look closely at the circumstances surrounding signing. Agreements executed under time pressure, shortly before the wedding, face greater scrutiny for evidence of duress. Courts may decline to enforce an agreement if there was fraud, material misrepresentation, incomplete financial disclosure, coercion, or terms that are unconscionable at the time of divorce. One area the agreement can’t control: child support and custody. A court may review provisions relating to children and determine support and custody based on the best interests of the child, regardless of what the agreement states.

Independent legal counsel for each party isn’t legally required, but it matters significantly. When one party signed without independent advice, courts apply additional scrutiny. Having each prospective spouse represented by separate counsel is one of the clearest ways to support enforceability.

Why Long Island Clients Choose Rosenberg Family Law PC

Lee Rosenberg has been selected as Lawyer of the Year in Family Law, Long Island, New York by Best Lawyers in both 2022 and 2026, and has been recognized as a New York Super Lawyer in family law every year since 2007. He holds an AV Preeminent Peer Review Rating from Martindale-Hubbell, the highest available, reflecting peer recognition for legal ability and ethical standards. He is also recognized as one of the Ten Leaders in Matrimonial and Divorce Law on Long Island and currently serves as President-Elect of the AAML New York Chapter.

These credentials reflect a specific kind of work: the drafting, negotiation, and litigation of matrimonial agreements. Clients preparing a prenuptial agreement on Long Island can benefit from that depth directly. Our team stays accessible and responsive throughout the process, so questions get answered and timelines stay on track.

Start the Prenuptial Agreement Conversation

Prenuptial agreements work best when there’s enough time to negotiate, disclose, and sign without pressure. If you’re engaged or considering marriage and want to protect your assets, business, or children from a prior relationship, we can help you think through what the agreement should accomplish.

Rosenberg Family Law PC offers consultations for prospective clients across Long Island, including Nassau and Suffolk counties. Call us at (516) 212-9211 or contact us online to schedule your consultation.

The Prenuptial Agreement Process in New York

Starting early is the single most practical step a couple can take. Agreements signed close to the wedding date are more vulnerable to challenge on grounds of duress, so beginning the process several months in advance gives both parties time to negotiate without pressure and can support the agreement’s standing if it’s ever contested. Both parties must provide full financial disclosure of assets, debts, income, and liabilities; incomplete disclosure is one of the most common grounds for a post-signing challenge. Each prospective spouse should then retain separate legal counsel to review the agreement independently. The final step is formal execution: both parties sign and acknowledge the agreement before a notary in the manner required for recording a deed under New York law. That acknowledgment requirement is technical and must be done correctly.

Postnuptial Agreements for Married Couples on Long Island

A postnuptial agreement serves the same general purpose as a prenuptial agreement but is entered into after the marriage has taken place. Married couples sometimes turn to one when circumstances shift significantly, such as the start of a new business, a substantial change in assets, or the birth of children who change what each spouse wants to protect.

New York subjects postnuptial agreements to the same formal requirements as prenuptial agreements under Domestic Relations Law Section 236: written, subscribed by both parties, and properly acknowledged. Independent counsel for each spouse remains advisable, even where a single mediating attorney assists with drafting. If your situation has changed since your wedding and you’re considering a postnuptial agreement, we can help you evaluate whether one makes sense and what it should address.

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