Prenuptial & Postnuptial Agreement Attorney in Manhattan
A prenuptial or postnuptial agreement is not a prediction of failure — it is an act of financial clarity and mutual respect. For Manhattan couples, where careers, real estate, business interests, and investment portfolios are often substantial, a well-crafted marital agreement is one of the most prudent decisions a couple can make. Steven J. Mandel at Warshaw Burstein, LLP, has decades of experience drafting, negotiating, and reviewing prenuptial and postnuptial agreements for New York City clients — ensuring that every agreement is both legally sound and genuinely fair.
Prenuptial Agreements in Manhattan
A prenuptial agreement allows two people entering marriage to define — in advance and on their own terms — how their finances will be handled during the marriage and in the event of divorce or death. In Manhattan, where assets can be substantial and the financial consequences of divorce significant, a prenuptial agreement provides protection, certainty, and peace of mind.
- Protection of pre-marital real estate, business interests, and investments
- Definition of what will and will not be considered marital property
- Spousal support terms — amount, duration, and circumstances
- Estate planning integration — coordinating the prenup with wills and trusts
- Protection of children from prior relationships
- Business ownership and succession planning provisions
Postnuptial Agreements: Planning After Marriage
Postnuptial agreements serve similar functions to prenuptial agreements but are executed during the marriage. Couples may seek a postnuptial agreement when their financial circumstances have changed significantly — after a business achieves major success, after an inheritance, after a reconciliation following marital difficulties, or simply because they did not get around to a prenuptial agreement before the wedding.
Postnuptial agreements are subject to heightened scrutiny by New York courts because they are negotiated between parties in an ongoing legal relationship. Full financial disclosure, independent counsel, and terms that are genuinely fair to both parties are even more critical in this context.
Making Your Agreement Enforceable
The most carefully negotiated agreement is worthless if it cannot be enforced. Steven J. Mandel drafts every prenuptial and postnuptial agreement with enforceability as a primary objective — building in the disclosure documentation, counsel certifications, and procedural protections that New York courts look for when an agreement is later challenged. Every agreement he drafts is designed to stand up in court decades from now.
Call (646) 770-3868 to discuss your prenuptial or postnuptial agreement with a Manhattan attorney.
Frequently Asked Questions: Prenuptial & Postnuptial Agreement Attorney in Manhattan
Q1: What is the difference between a prenuptial and postnuptial agreement in New York?
A prenuptial agreement is executed before marriage and takes effect upon the wedding. A postnuptial agreement is executed after the couple is already married. Both types of agreements can address the same subjects — property division, spousal support, protection of pre-marital assets — but postnuptial agreements require additional scrutiny because they are negotiated between parties who are already in a legal relationship, which raises concerns about voluntariness and fairness that courts examine carefully.
Q2: What can and cannot be included in a New York prenuptial agreement?
A New York prenuptial agreement can address: designation of separate property; division of marital property in the event of divorce; spousal maintenance terms; inheritance rights and estate planning provisions; and financial rights and obligations during the marriage. A prenuptial agreement cannot limit child support below the statutory guideline, determine child custody in advance, or include provisions that are unconscionable or against public policy at the time of enforcement.
Q3: How do I know if my prenuptial agreement will hold up in a New York divorce?
A prenuptial agreement is more likely to be enforced in New York if: both parties were represented by independent counsel; both parties made full financial disclosure; the agreement was signed well in advance of the wedding (not under last-minute pressure); both parties signed voluntarily; and the terms are not unconscionable. Agreements that lack any of these elements are vulnerable to challenge. Working with an experienced attorney to draft and negotiate the agreement correctly from the start is the best protection.
Q4: Can a prenuptial agreement be modified or revoked after marriage?
Yes. A prenuptial agreement can be modified or revoked after marriage through a written postnuptial agreement signed by both parties. The same requirements of voluntariness, disclosure, and fairness apply. Some couples modify their prenuptial agreements as their circumstances change — for example, after children are born, after a business grows significantly, or after a major change in financial circumstances.
Q5: What is the best way to approach the prenuptial agreement conversation with my partner?
Frame the prenuptial agreement as a practical planning exercise — not an expression of distrust. Emphasize that it allows both of you to define your financial relationship with clarity and intention, rather than leaving those decisions to default legal rules that may not reflect your wishes. Many couples find that the process of negotiating a prenuptial agreement — which requires honest financial disclosure and thoughtful conversation — actually strengthens their relationship and their confidence going into marriage.
