Marriage - Prenuptial & Postnuptial Agreements

We have the expertise to walk you through the process of drafting your agreement in a way that will leave you and your partner feeling empowered and protected.

Prenuptial Agreements:

Gone are the days when a prenuptial agreement stood as a symbol for only the wealthy. Today’s reality is much different. 

When once the issue that hung in the balance was how to protect the family legacy, the modern case often looks a lot more like this:

• A young couple, each partner owning their own business -- a closely-held, difficult-to-quantify but very valuable asset -- that was built before the marriage with blood, sweat and tears, and that will continue to grow during the marriage with more blood, sweat and tears. How should that asset be shared? Or…

• A couple getting married for the second or third time, with children from before the marriage. Each has secured their financial futures, plus a modest but hard-earned nest egg that is intended to pass to each of their children, respectively. Can one spouse disinherit the other? 

With their functionality and ability to be tailored according to a couple’s specific needs, prenuptial agreements are considered practical and are far less controversial than in the past. The conversation about having one is not always easy, but when you perceive it not as a threat to your long-term commitment to one another, and rather a rational and responsible thing to do, it gets easier. 

What you should expect when executing a prenuptial agreement: 

• Independent Counsel. Both you and your future spouse need your own independent legal counsel. A lot of people think they can or should be able to decline having their own attorney review the agreement, but it is highly advisable to go through the process now. If the agreement is overturned because you didn’t, it will cost you far more in the long-run. 

• Financial Disclosure. You have to disclose your assets and liabilities, and attach a financial disclosure statement to the agreement. If your agreement includes spousal support terms, you’ll also have to disclose your income. 

• It takes time. You should start the conversation as soon as you know you want to make the commitment, perhaps even before becoming engaged. Once you’re ready to move forward, give yourself enough time with your attorneys to understand all of the possibilities and come up with an agreement that is tailored to your true intentions. 

Whether you are the person asking for a prenup, or you are the one being asked to sign one, this can be a transformational moment in the relationship. It’s an opportunity to communicate about expectations, both financial and familial, and a way to bring autonomy to your marriage. The team at Artese Zandri is intimately familiar with New York State law and knows what it takes to create an agreement that will represent your interests and individuals as well as a couple.

Schedule a consultation to learn more.