Prenuptial Agreement Lawyers

While prenuptial agreements provide a wide range of protections, there are certain matters that cannot be included under New York law. Most importantly, a prenup cannot determine child custody or child support in advance. These issues are always decided by the court based on the best interests of the child at the time of divorce or separation, regardless of what the parents may have agreed to before marriage.

Prenups also cannot include terms that attempt to waive legal obligations that are considered against public policy, for example, waiving the duty to disclose assets, or agreeing to unfair financial terms that would leave one spouse in financial hardship. Any provision that appears to be egregiously one-sided or signed under duress may be deemed unenforceable. Our legal team helps ensure every clause in your agreement is fair, reasonable, and compliant with state law.

The timing of a prenuptial agreement is critical. To avoid any appearance of pressure or coercion, the agreement should be finalized and signed well in advance of the wedding, ideally at least 30 days before the ceremony. Signing too close to the wedding date may raise red flags for a judge, especially if one party did not have sufficient time to review the terms or consult an attorney.

Starting the process early allows both parties to review the terms at their own pace, negotiate respectfully, and ensure the agreement reflects their mutual understanding. At Kearney Law Group, we recommend beginning the conversation several months before the wedding to avoid unnecessary stress and protect the integrity of the agreement.

While it is not strictly required by law, having separate legal counsel is highly recommended, and often essential for enforceability. Courts are much more likely to uphold a prenuptial agreement if both parties had their own attorney reviewing the terms and explaining their rights.

Separate counsel ensures that each individual fully understands the agreement and that it was entered into voluntarily and without imbalance of power or understanding. If both parties use the same lawyer, or if one person waives legal representation, it could later be argued that the agreement was unfair or entered into without informed consent. At Kearney Law Group, we work closely with opposing counsel to ensure a fair and transparent process for both sides.

Yes. If you're already married and want to set similar financial protections, you can enter into a postnuptial agreement. A postnup functions much like a prenup, but it’s signed after the marriage has taken place. These agreements are increasingly common and can be particularly helpful after major life events such as buying a home, starting a business, or having children.

Postnups can also be used to update or supplement an earlier prenuptial agreement. They must meet similar legal requirements, full disclosure, voluntary execution, fairness, and often separate legal representation. We help couples draft and formalize postnuptial agreements that reflect their current financial reality and shared goals.

Full financial disclosure is a fundamental requirement for any valid prenuptial agreement. If one party fails to disclose significant assets, income, or liabilities, the agreement can be challenged and possibly invalidated in court.

Hiding assets not only undermines the enforceability of the prenup, but it can also damage trust in the relationship. At Kearney Law Group, we ensure that all relevant financial documents are reviewed and disclosed before the agreement is signed. We work with clients to prepare clear, honest financial statements and advise on how to properly account for assets, debts, and potential future earnings to reduce legal risk.

Absolutely. A prenuptial agreement can cover not only what you currently own but also future income and investments. This can include bonuses, commissions, real estate gains, intellectual property rights, business profits, and stock options. If one or both partners expect significant financial growth, such as launching a company, creating artwork, or receiving an inheritance, those assets can be addressed in the agreement.

We help clients draft language that protects these future interests while remaining flexible enough to adapt to unforeseen changes in circumstances. The key is to be specific, realistic, and fair when addressing assets that may not yet exist but could become valuable during the marriage.

The cost of a prenup depends on its complexity, the number of assets involved, and how much negotiation is needed. A simple agreement with minimal assets and full cooperation between parties may be completed at a relatively low cost. More complex agreements, such as those involving multiple properties, businesses, or high-value investments, require more time, review, and customization.

At Kearney Law Group, we provide transparent pricing based on the scope of work involved. During your consultation, we’ll assess your situation and give you a clear understanding of what to expect in terms of timeline, process, and legal fees.

When spouses co-own a business, divorce introduces both financial and operational challenges. The business must be properly valued, often with the help of a forensic accountant or valuation expert, and decisions must be made about how to divide or manage ownership.

Options include:

• One spouse buying out the other’s interest
• Selling the business and dividing proceeds
• Continuing joint ownership (in rare, amicable cases)

We protect your financial interests by reviewing corporate records, profit structures, and liabilities while working to ensure that any business resolution aligns with your long-term goals.

No. A prenuptial agreement does not need to be filed with the court at the time it is signed. Once both parties have executed the agreement and it has been properly notarized, it becomes a legally binding contract. Each party should retain a copy, and ideally, both attorneys should store a copy as well.

If the agreement needs to be enforced in the future, such as during divorce proceedings, it can then be presented to the court as part of the case. Until that time, it remains a private contract between spouses. We help clients ensure proper execution and storage so the document is readily available if ever needed.