Last Updated: November 2025
Marriage brings two people together—and two sets of finances, assets, and obligations. A prenuptial agreement, often called a prenup, is a legal document you and your partner sign before marriage. These agreements outline how assets and debts will be handled if the marriage ends in divorce or separation.
Prenups aren’t just for the wealthy. They’re a practical tool for couples who want to enter marriage with transparency and clear expectations.
Benefits of a Prenuptial Agreement
Marriage comes with emotional and practical obligations. Prenups can help you navigate them both. Their benefits include:
- Protecting your separate property: New York’s equitable distribution law divides marital property fairly—but not always equally—when a couple divorces. Without a prenup, the court decides what’s “marital” and what’s “separate.” Property you own before marriage, gifts, and inheritances are typically separate. However, it can become marital if it’s mixed with shared assets or used jointly. A prenuptial agreement allows you to state in advance which assets will remain your own. For example, if you own a home before marriage, you can specify that it stays separate property, even if marital funds are later used to improve it.
- Protecting business interests: If you own a business, a prenup can prevent your spouse from claiming part of its value or income in a divorce. It can also keep your spouse from gaining control or ownership in the business.
- Clarifying financial expectations: Money is one of the most common sources of marital tension. A prenup gives you and your partner a chance to talk about financial issues before marriage. Setting financial expectations early can reduce misunderstandings. For example, one spouse may have significant student loan debt or a prior financial obligation, such as child support from another relationship. A prenup can clarify that those obligations remain separate and won’t impact the other spouse’s financial security.
- Reducing conflict in divorce: Prenups can prevent unnecessary litigation if your marriage ends. A prenuptial agreement can resolve property and maintenance questions in advance. If you ever do separate, the court will generally uphold the agreement, as long as it’s fair and properly executed.
- Protecting family assets and inheritances: If you expect to receive an inheritance or already hold family property, a prenup can protect those assets from becoming part of the marital estate.
- Providing financial security for both parties: A fair prenuptial agreement benefits both spouses. It can guarantee that one spouse won’t be left without support, while also protecting the other from excessive financial obligations.
Common Questions About Prenuptial Agreements
The best way to find out whether a prenup is right for you is to contact an experienced family law attorney. However, some common questions come up during consultations:
Q: Do both parties need separate lawyers?
A: Yes. Independent legal counsel helps confirm that both parties understand their rights and that the agreement is voluntary.
Q: Can a prenuptial agreement be changed later?
A: Yes. You can amend or revoke a prenup after marriage through a written, notarized agreement signed by both spouses.
Q: What makes a prenup valid in New York?
A: To be valid, a prenuptial agreement must:
- Be in writing and signed before marriage.
- Be acknowledged in the same form as a deed (with a notary).
- Be entered into voluntarily and with full financial disclosure.
Q: Can a prenup include personal matters, like household duties?
A: Courts only enforce provisions related to financial and property rights. Personal clauses—like household responsibilities or lifestyle expectations—are not legally binding.
Q: What happens if one spouse hides assets?
A: If one party fails to disclose any assets, the agreement can be challenged later. Full and honest disclosure is required for a valid agreement.
Learn More from an Experienced Family Law Attorney
If you’re planning to get married in Brooklyn and want to understand how a prenuptial agreement could work for you, Gilmer Law Firm, PLLC., can help. Contact us today to learn more about your options.
