+ How long does the prenup process take?

It depends. In most cases, the prenup process takes two to three months, but this often varies depending on the complexity, the issues to be resolved, and the parties’ and opposing counsel’s responsiveness. If necessary, the process can be completed in a shorter timeline if the wedding is quickly approaching. We recommend that couples begin the process six to eight months before getting married. Similarly, the couple should align on their internal deadline to assist in staying on track.

+ Do both sides need to have counsel in a prenup negotiation?

Though not required in New York, we strongly recommend that both parties be represented by counsel. Representation helps ensure that both parties understand their rights and how they may be modifying those rights under the law. Additionally, if one party is not represented, the prenup may be more susceptible to future legal challenges

+ Is my lawyer allowed to recommend counsel for my partner?

Absolutely. We frequently recommend attorneys with whom we work frequently who are sophisticated and adept at prenups, approaching the process in the same collaborative manner that we do. We are also frequently recommended by opposing counsel. Further, it does not affect the validity of the agreement if counsel is recommended by the other side, and your partner is free to choose whoever he or she wishes, even if not someone recommended by counsel.

+ Is it okay to pay for my partner’s counsel in a prenup?

Yes. Paying for someone’s counsel is not a basis upon which a prenup can be set aside. Further, paying counsel fees can bolster the collaborative nature of the process: if there is a large wealth disparity between the parties and one side does not want or need a prenup, it can feel unfair for that person to also pay counsel fees.

+ Can we use a mediator for our prenup?

Yes. Although it is not as common to use a mediator for a prenup, if there is not a huge power and financial differential between the parties, mediation can be a more streamlined and cost-effective process. The mediator acts as a neutral who will guide the parties in explaining the law, what can and can’t be done in a prenup, and help the couple determine what is best for them. Our mediators can be found here.

+ Am I required to give financial disclosure as part of the prenup process?

Though not required in New York, full financial disclosure and transparency around both sides’ assets, income, and liabilities is strongly recommended and a pivotal part of negotiation. A lack of financial disclosure may become a factor that somebody could use if they are looking to set aside a prenup, so the “best practice” in prenup negotiations is for both sides to have counsel, to have full and complete financial disclosure, and for the terms not to be one-sided.

+ Are there minimum requirements that must be included in a prenup?

ere minimum requirements that must be included in a prenup? A prenup can be as detailed or as simple as you want it to be. You can enter into a “simple waiver agreement” that defines what is separate property and includes mutual waivers to separate property, leaving everything else open to be determined in the event of divorce. Alternatively, a prenup can be incredibly detailed and bespoke, setting out a framework for exactly what would happen in the event of divorce, including roadmaps for the division of marital homes, business interests, and other assets as well as parameters around maintenance (i.e. alimony or spousal support). We design agreements suited to each couple’s unique concerns and needs.

+ Can a prenup cover custody and child support?

A prenup cannot address issues regarding custody and child support for future, unborn children. These provisions would not be upheld in New York.

+ Does a prenup need to be signed at any particular time before the wedding?

No. Prenups in New York have been upheld even when they’ve been signed on the day of the wedding. However, it is often very stressful for couples to negotiate a prenup in the weeks and days leading to their wedding. For that reason, we recommend they complete it with ample time before the wedding when possible.

+ If I started the prenup process too late, can I do a postnup?

Yes, a postnup, which is an agreement made between a couple once they’re married, covers the same areas as a prenup and is just as enforceable. However, without the deadline of the wedding looming as is the case with a prenup, some couples do not find the same urgency to complete the postnup. Where both parties are motivated, a postnup can certainly be used to cover the same issues.

+ If I’m moving, do I need to update my prenup?

No, the prenup is designed to be effective and enforceable wherever you move, unless you move to a country that does not uphold prenups, which is rare. That being said, if you know you are planning to move to another state or country after the wedding, we will often have counsel in that state or country review the agreement to ensure there are no enforceability issues.