Prenuptial & Postnuptial Agreements in Buffalo & Williamsville, NY
Protect what you've built — and plan confidently for what comes next.
Planning Ahead Is an Act of Trust
Discussing a prenuptial or postnuptial agreement can feel uncomfortable, but it is one of the most thoughtful things a couple can do before or during a marriage. These agreements are not about planning for failure — they are about open communication, financial transparency, and protecting both parties. At Weinrieb Law, we approach these conversations with care and without judgment.
Whether you are entering a first marriage, a second marriage with children from a prior relationship, or are looking to clarify financial expectations mid-marriage, a well-drafted agreement gives both spouses clarity and peace of mind.
Prenuptial Agreements
A prenuptial agreement — also called an antenuptial agreement — is a contract entered into before marriage that defines how assets, debts, and financial rights will be handled if the marriage ends in divorce, separation, or death.
Under New York Domestic Relations Law §236B, prenuptial agreements are enforceable when they are:
- In writing and signed by both parties
- Executed voluntarily, free from duress or undue influence
- Accompanied by full and fair financial disclosure from both parties
- Acknowledged in the same manner as a deed (notarized)
New York law gives couples broad latitude to contract around the default rules governing marital property and spousal support — but not around child custody or child support, which are always governed by the best interests of the child at the time they arise.
What a Prenuptial Agreement Can Address
- Classification of separate versus marital property
- How property acquired during the marriage will be treated
- Protection of a business, professional practice, or partnership interest
- Preservation of inheritance rights for children from a prior relationship
- Limitation or waiver of spousal maintenance (alimony)
- Allocation of premarital debts
- How joint finances will be managed during the marriage
- Disposition of assets upon death
Postnuptial Agreements
A postnuptial agreement is entered into after the wedding and serves the same fundamental purpose as a prenuptial agreement. Couples may seek a postnuptial agreement when:
- One spouse receives a significant inheritance or business interest
- The couple is working through a difficult period and wants to establish financial ground rules
- A spouse starts a new business and wants to protect that asset
- Circumstances have changed significantly since the marriage (e.g., one spouse stops working to raise children)
- The couple wants to update or formalize a prior understanding about finances
Postnuptial agreements are held to the same standards of fairness and full disclosure as prenuptial agreements, and courts scrutinize them carefully given the existing fiduciary relationship between spouses. Having experienced legal counsel draft and review the agreement is essential.
What Makes an Agreement Enforceable
The most common reason these agreements fail in court is defective execution — improper notarization, lack of disclosure, or procedural errors. Our attorneys ensure your agreement meets every requirement under New York law and is drafted with enough specificity to withstand scrutiny years or decades later.
We also strongly recommend that each party retain independent legal counsel. When both spouses have their own attorney reviewing the agreement, it significantly reduces the likelihood that a court will find the agreement was signed under duress or without full understanding. We are happy to work collaboratively with opposing counsel to reach an agreement that is fair to both sides.
Frequently Asked Questions
Is a prenuptial agreement enforceable in New York?
Yes. New York recognizes prenuptial agreements under Domestic Relations Law §236B, provided they are in writing, signed by both parties before marriage, and executed voluntarily with full financial disclosure from each side.
What can a prenuptial agreement cover?
A prenup can address property rights, spousal support, debt allocation, inheritance rights, and how assets acquired during the marriage will be classified. It cannot dictate child custody or child support — those are always decided based on the child's best interests at the time of divorce.
What is the difference between a prenuptial and postnuptial agreement?
A prenuptial agreement is executed before the marriage ceremony. A postnuptial agreement is entered into after the wedding and serves the same protective function — defining how marital and separate property will be treated if the relationship ends.
Can a prenuptial agreement be challenged?
Yes. Courts may set aside an agreement if it was signed under duress, lacked full financial disclosure, was unconscionable at the time of signing, or if the technical formalities were not properly followed. Having independent legal counsel for each party significantly strengthens enforceability.
Do both parties need their own attorney?
New York does not legally require separate counsel for each party, but it is strongly advisable. Independent representation is one of the most important factors in ensuring the agreement is enforceable and that both parties fully understand what they are signing.
How far in advance of the wedding should we start?
We recommend starting at least 60 to 90 days before the wedding. Rushing the process — especially in the days or weeks before the ceremony — can provide grounds to challenge the agreement on the basis of duress or inadequate time for review. The earlier you begin, the stronger your agreement.
Can a prenuptial agreement be modified after marriage?
Yes. A prenuptial agreement can be amended or revoked after marriage through a written postnuptial agreement, provided both parties agree and the modification meets the same standards of disclosure and voluntariness as the original.
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