Prenup Lawyer NYC

For high-net-worth individuals in New York, retaining an experienced prenup lawyer in NYC to handle your prenuptial agreement (prenup) is essential to protect your assets, ensure financial clarity, and avoid costly disputes in the event of a divorce. Drafting a solid prenup requires careful planning and legal expertise to ensure enforceability.

At David Centeno Law, we specialize in handling high-net-worth divorces the smart way through divorce mediation (and if necessary litigation), as well as protecting high net worth individuals assets through prenuptial agreements, providing top-tier legal guidance to protect your wealth and future. Here’s what you need to know about the do’s and don’ts of NY prenups to safeguard your financial interests.

The Do’s of NY Prenups for High-Net-Worth Individuals – Prenup Lawyer NYC

1. Hire an Experienced Prenup Lawyer NYC

New York has strict laws governing prenuptial agreements. A prenup must be properly drafted, reviewed, and executed to be enforceable. Working with an experienced NY prenup lawyer ensures your agreement is ironclad and tailored to your specific needs.

2. Fully Disclose All Assets & Liabilities

For a prenup to hold up in court, both parties must provide full and fair financial disclosure of all assets, income, debts, and business interests. Failure to disclose can result in the agreement being challenged and potentially invalidated.

3. Define Separate vs. Marital Property

Clearly outline which assets will remain separate property (e.g., pre-marital assets, business interests, inheritances) and which will be considered marital property subject to division. This is crucial in protecting your estate and ensuring clarity in the event of divorce.

4. Protect Business Interests & Investments

If you own a business, your prenup should address:

Whether your spouse will have any claim to business assets or profits.
How business valuation will be handled in the event of divorce.
Whether future appreciation of the business will remain separate property.

This is especially critical for entrepreneurs and business owners who need to safeguard their assets.

5. Address Spousal Support & Alimony

A well-drafted prenup can specify whether spousal support (alimony) will be paid, in what amount, and under what circumstances. Without a clear agreement, New York spousal support laws may require substantial alimony payments based on income and lifestyle.

6. Include Sunset Clauses (If Desired)

Some prenups include “sunset clauses,” which cause the agreement to expire after a certain number of years of marriage. This can be useful if you want the agreement to phase out after reaching a milestone (e.g., 10 years of marriage).

7. Ensure Proper Execution & Notarization

Under New York Domestic Relations Law § 236(B)(3), a prenup must be:

In writing
Signed and acknowledged before a notary public by both parties
Failure to meet these formal requirements could render the prenup invalid.

The Don’ts of NY Prenups for High-Net-Worth Individuals

1. Don’t Use Coercion or Duress

A prenup must be entered into voluntarily by both parties. If one party feels pressured or forced to sign (especially right before the wedding), they may later challenge its validity in court.

2. Don’t Include Unenforceable or Unfair Terms

A prenup that is unconscionable—meaning it is grossly unfair to one party—may not be upheld. For example, a clause waiving all rights to alimony, even in the case of significant financial disparity, may be struck down.

3. Don’t Forget Future Income & Assets

High-net-worth individuals often see their wealth grow over time. Your prenup should account for future earnings, investments, and inheritance, ensuring that these assets remain protected.

4. Don’t Rely on a DIY Prenup or Online Templates

A prenup is a complex legal document that must comply with New York law. Pre-made templates and DIY prenups often fail to cover essential legal protections, leading to disputes and potential invalidation. Always work with a qualified prenup lawyer in NYC.

5. Don’t Waive Legal Representation

Each party should have their own independent attorney to review the agreement. If only one party has legal counsel, the other may argue they did not fully understand what they were signing, increasing the risk of the prenup being challenged.

6. Don’t Ignore Estate Planning Considerations

A prenup should align with your overall estate plan, trusts, and wills to ensure seamless asset protection. If not properly coordinated, contradictions between your prenup and estate plan could lead to legal disputes later.

7. Don’t Assume a Prenup Covers Everything

Certain issues, such as child custody and child support, cannot be predetermined in a prenuptial agreement under New York law. The court will always decide these matters based on the best interests of the child, regardless of what a prenup states.

For more details, check New York child custody laws.

Final Thoughts: Protect Your Wealth with a Strong NY Prenup

For high-net-worth individuals, a prenuptial agreement is not about lack of trust—it’s about financial clarity and protection. A well-crafted prenup ensures your wealth, business interests, and legacy remain secure, while also setting clear expectations for both parties.

At David Centeno Law we are top prenup lawyer NYC law firm—we have extensive experience drafting ironclad prenuptial agreements for high-net-worth individuals in New York. Our expertise ensures that your agreement is legally sound, enforceable, and tailored to your financial goals.

Need a Prenup? Contact Us Today

If you’re considering a prenup, don’t wait until the last minute—proper planning is key.

📞 Call David Centeno Law at (866) 830-2064.

Schedule a free consultation with a top prenup lawyer NYC today to protect your financial future.

Prenup Lawyer NYC – Prenups Do’s and Don’ts for High Net Worth Individuals