Staten Island Prenuptial And Post-Nuptial Agreements
A Strategic Legal Approach to Marital Agreements
At Angiuli & Gentile, LLP, we help individuals and couples prepare for marriage, protect assets, and navigate the divorce process with clarity and control. Whether you are preparing to marry and want to define financial expectations in a prenuptial agreement, or you’re already married and considering a postnuptial agreement, our attorneys provide informed, compassionate, and strategic legal counsel.
While no one wants to think about divorce at the start or midpoint of a marriage, being proactive with legal agreements can reduce emotional and financial stress if the relationship ends. These agreements are more than just legal documents—they’re safeguards that help define expectations and protect your long-term interests.
What Are Prenuptial and Postnuptial Agreements?
Prenuptial agreements (often referred to as “prenups”) are legal contracts signed before marriage. They outline how assets, debts, and potential support obligations will be handled in the event of divorce or death. Postnuptial agreements (or “postnups”) are similar but are signed after the couple has already married.
These agreements are not just for wealthy individuals. In fact, many couples use them to create financial transparency, protect children from previous relationships, or manage complex business interests. Marital agreements can address:
- How income earned during the marriage will be classified (separate vs. marital property)
- How debts will be handled and divided
- Ownership and control of family businesses or professional practices
- Division of retirement accounts and pensions
- Spousal support (alimony) terms in the event of divorce
- Protection of inheritance rights or estate planning goals
For couples who want clarity and control over their financial lives, these agreements can be powerful tools to reduce uncertainty and conflict—both during the marriage and in case it ends.
Are Prenups and Postnups Enforceable in New York?
Prenuptial and postnuptial agreements are enforceable under New York law, but only if they meet specific legal criteria. Courts will not enforce an agreement simply because it exists—it must be fair, properly executed, and reflect an informed decision by both spouses.
What Courts Consider When Evaluating These Agreements
To be enforceable, a prenuptial or postnuptial agreement must generally meet these requirements:
- Full and fair financial disclosure: Each party must be transparent about their income, assets, and debts. Hiding or minimizing financial information is one of the most common reasons courts invalidate these agreements.
- Voluntary execution: Both parties must enter into the agreement willingly. If one spouse was pressured or coerced into signing (especially close to the wedding), the agreement may be invalidated.
- Fair and reasonable terms: The agreement should not be “unconscionable” (so one-sided that it shocks the conscience) when it is signed or when it is enforced.
- Proper legal formality: The document must be written, signed by both parties, and acknowledged before a notary public.
- Independent legal counsel: While not strictly required by law, courts give more weight to agreements where each spouse had separate legal representation.
At Angiuli & Gentile, LLP, we work with clients to ensure that their marital agreements meet all these standards, reducing the risk of disputes and legal challenges later.
How Marital Agreements Affect Divorce Proceedings
When a divorce occurs, a valid marital agreement often serves as a legal roadmap for determining how assets and responsibilities will be divided. But not all agreements are created equal, and not all are honored without challenge. Here’s how they affect common aspects of divorce:
1. Property Division
Marital agreements can identify certain assets as separate property—meaning they are excluded from division under New York’s equitable distribution laws. This is especially important for:
- Property or real estate acquired before the marriage
- Inheritance or gifts from family members
- Interests in privately held businesses
- Income from separate investments or assets
A valid agreement will clearly distinguish between marital and separate property and reduce ambiguity during a divorce.
2. Spousal Support (Alimony)
Many prenuptial and postnuptial agreements include clauses addressing spousal maintenance. These can:
- Set a predetermined amount and duration for support
- Waive support entirely
- Adjust obligations based on certain life events (e.g., children, job loss)
However, if an agreement results in one spouse being left destitute or disproportionately disadvantaged, a court may override its terms. This is particularly true in long-term marriages or when a spouse becomes ill, disabled, or economically dependent.
Challenging or Enforcing a Prenuptial or Postnuptial Agreement
While many marital agreements are honored in divorce proceedings, it is not uncommon for one spouse to attempt to invalidate the agreement—especially in high-conflict or high-asset divorces.
Common Grounds for Challenging an Agreement
- Coercion or duress: The agreement was signed under pressure or without sufficient time for review.
- Lack of full disclosure: One party concealed or minimized assets and liabilities.
- Unfair or one-sided terms: The terms are heavily skewed in favor of one spouse.
- Lack of legal representation: One spouse did not have a lawyer or did not understand the implications.
- Improper execution: The agreement was not notarized or signed correctly.
At Angiuli & Gentile, LLP, our attorneys are experienced in both defending agreements from challenge and contesting them when they were made under improper circumstances. We approach these cases with strategic precision and a deep understanding of family law and contract enforcement.
Why You Need a Lawyer for Prenups and Postnups
Avoiding Mistakes and Strengthening Enforceability
Some couples use online templates or attempt to draft agreements on their own. While this may seem cost-effective at the time, it often leads to serious legal problems down the road. Without proper legal guidance, an agreement may fail to:
- Comply with state law
- Include the necessary disclosures and acknowledgments
- Use language that stands up in court
An unenforceable agreement offers no protection at all—and in some cases, can cause more harm than good.
How Angiuli & Gentile, LLP Can Assist
We provide a full range of services related to marital agreements, including:
- Drafting and negotiation of prenuptial and postnuptial agreements tailored to your circumstances
- Reviewing and revising agreements proposed by your spouse’s attorney
- Assessing enforceability of existing agreements in anticipation of divorce
- Litigating challenges to prenuptial or postnuptial agreements
- Protecting business owners, professionals, and high-net-worth individuals
Our legal team focuses on clarity, fairness, and long-term viability, giving you peace of mind that your agreement will be honored if tested.
How Angiuli & Gentile, LLP Can Help
At Angiuli & Gentile, LLP, we bring more than three decades of experience in family law to the table. Our attorneys take a strategic and compassionate approach, recognizing that these agreements are not just legal tools—but personal commitments with real consequences.
Whether you need to create a marital agreement, challenge one, or enforce it during a divorce, we are here to protect your rights and help you make informed decisions.
Legal Insight. Personal Guidance. Results That Last.
Our firm is particularly equipped to assist:
- Business owners and professionals
- High net worth individuals
- Blended families or second marriages
- Couples seeking clarity about finances
We provide honest advice, meticulous drafting, and strong advocacy both in and out of court.
Frequently Asked Questions
Can a prenuptial agreement be invalidated during divorce?
Yes. If the agreement was signed under coercion, without full disclosure of assets, or includes terms that are unfair or contrary to public policy, a court may refuse to enforce it.
What makes a postnuptial agreement enforceable?
The same standards apply to postnups as to prenups: voluntary execution, full disclosure, fairness, proper formalities, and ideally, independent legal representation.
Can a prenup waive alimony in New York?
Yes, but courts may strike down a waiver if it’s deemed unconscionable or leaves one spouse in financial hardship at the time of divorce.
Can we amend a prenuptial agreement after marriage?
Yes. You and your spouse can agree to modify the terms through a postnuptial agreement, which must be executed with the same formalities and care.
Will a prenuptial agreement protect my business?
Yes—if the agreement clearly identifies the business as separate property and is otherwise legally enforceable. Courts often uphold such provisions if they meet all legal requirements.
Contact Angiuli & Gentile, LLP Today
Don’t leave your financial future to chance. If you’re considering a prenuptial or postnuptial agreement—or if you’re entering a divorce and need help with an existing one—speak with our family law attorneys to get the clarity and protection you deserve.
We proudly serve clients throughout Staten Island, Brooklyn, Manhattan, and the greater New York City area.
Contact Angiuli & Gentile, LLP today to schedule a confidential consultation.
