NYC Prenuptial & Postnuptial Agreement Attorney

Prenuptial Agreement Attorney in New York City

A prenuptial agreement is a contract between two people who are planning to marry. It defines how assets, debts, income, and property will be handled during the marriage and in the event of divorce or death. Far from being unromantic, a prenup is a practical financial planning tool that provides both parties with clarity, reduces potential conflict, and prevents the uncertainty of leaving these decisions to a court.

At Agarunov Law Firm, P.C., we draft, review, and negotiate prenuptial and postnuptial agreements for couples in New York City and New Jersey. We represent individuals on one side of the agreement — ensuring that the terms protect your financial interests while resulting in an agreement that is fair, fully disclosed, and enforceable under applicable law.

When a Prenuptial Agreement Is Essential

• Business Owners: Protecting a business, professional practice, or partnership interest from being classified as marital property subject to equitable distribution
• Professionals with High Earning Potential: Physicians, attorneys, executives, and other professionals whose earning capacity could result in significant spousal support obligations
• Individuals with Family Wealth or Inheritance: Preserving separate property status for inherited assets, family trusts, and gifts
• Second Marriages: Protecting assets intended for children from a prior relationship
• Real Estate Owners: Defining the treatment of real property owned before marriage or acquired during marriage with separate funds
• Individuals with Significant Debt: Insulating one spouse from the other's pre-marital or business debts

What a Prenuptial Agreement Can Address

Property & Asset Classification

A prenup can define which assets remain separate property and which become marital property. This is particularly important for assets like business interests, real estate, investment portfolios, retirement accounts, and expected inheritances. Without a prenup, the classification of these assets is determined by New York's equitable distribution framework — which may not align with your intentions.

Spousal Support (Maintenance)

Prenuptial agreements can set terms for spousal support in the event of divorce, including the amount, duration, and conditions under which maintenance will be paid. New York courts will enforce these provisions as long as they are not unconscionable at the time of divorce.

Business Interest Protection

For business owners, a prenup can establish that the business (or a specified portion of its value) remains separate property, define how business appreciation during the marriage is treated, and set valuation methodology to avoid costly disputes during divorce.

Debt Allocation

A prenup can specify how pre-marital debts, business debts, and debts incurred during the marriage are allocated in the event of divorce, protecting each spouse from unexpected liability.

Postnuptial Agreements

A postnuptial agreement serves the same function as a prenup but is executed after the marriage has already taken place. Postnups are commonly used when circumstances change during the marriage — such as one spouse starting a business, receiving a significant inheritance, or when the couple wants to formalize financial arrangements they did not address before the wedding. New York courts enforce postnuptial agreements under standards similar to prenuptial agreements, provided there is full financial disclosure and the terms are fair.

Enforceability in New York

For a prenuptial or postnuptial agreement to be enforceable in New York, it must be in writing and signed by both parties, each party must make full and fair disclosure of their financial situation, the agreement must not be unconscionable, each party should have independent legal counsel (or knowingly waive the right to counsel), and the agreement must be executed voluntarily without coercion or duress. We structure every agreement to satisfy these requirements, building enforceability into the drafting process.

Serving New York and New Jersey

Agarunov Law Firm is licensed to practice in both New York and New Jersey. Family law differs significantly between states — New York is an equitable distribution state with specific grounds for divorce, while New Jersey follows its own equitable distribution framework with different alimony and custody standards. Our dual-state licensing allows us to represent clients in either jurisdiction and advise on the implications when spouses reside in different states or own property across state lines.