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Key Considerations for Drafting Effective Prenuptial and Postnuptial Agreements in New York

(203 reviews)

Produced on September 20, 2018

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Course Information

Time 50m
Difficulty Intermediate
Topics covered in this course: Family & Matrimonial

Course Description

New York does not subscribe to the Uniform Premarital Agreement Act. Instead, we look to case law and statutory provisions to draft prenuptial agreements. Prenuptial agreements present a unique challenge to practitioners because we are dealing with many unknowns such as what assets might exist at the time of divorce, earning potential of the spouses, and the controlling law at the time of enforcement. This program provides a discussion of issues that may be addressed in a prenuptial agreement, ways to address them, and how to protect the agreement from being setting aside. It will also briefly cover agreements executed during the marriage.

Presented by Emily S. Pollock and Kelly A. Frawley, partners in the matrimonial and family law department of Kasowitz Benson Torres LLP, this discussion provides an informative overview of the laws governing issues relating to prenuptial and postnuptial considerations and practical considerations relating to them.

Learning Objectives:

  1. Provide an overview of prenuptial agreements including areas that may be addressed and those that should not be addressed in a prenuptial agreement
  2. Consider how to handle clients who may feel pressure to execute an agreement with unfavorable terms
  3. Review ways a party may try to set aside a prenuptial agreement
  4. Discuss financial disclosure, including the extent of such disclosure
  5. Examine how far in advance of the marriage an agreement should be signed and whether each party needs independent counsel
  6. Address how to help parties who are married and wish to modify a prenuptial agreement and/or enter into a new post-nuptial agreement

Credit Information

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Emily Pollock

Kasowitz Benson Torres LLP

Emily S. Pollock is a partner with the matrimonial department of Kasowitz Benson Torres LLP, and has been practicing exclusively as a matrimonial attorney for the past nine years. Emily’s practice focuses on disputes involving divorce, equitable distribution, custody, visitation, child and spousal support, paternity and other areas of family and matrimonial practice, including representing individuals in drafting and negotiating prenuptial and post-nuptial agreements.

Prior to joining Kasowitz, Emily served as a law clerk to the Honorable Paul H. Anderson of the Minnesota Supreme Court and then practiced securities litigation as an associate with Gibson, Dunn & Crutcher, LLP. She obtained her J.D., magna cum laude, from the University of Minnesota Law School in 2002 and a B.A. in psychology from the University of Chicago in 1996.

Emily is on the legislation committees of both the New York Women’s Bar Association and the New York State Bar, Family law Section. She is recognized as a "Rising Star" in the 2014 edition of New York Metro Super Lawyers. Emily also has been quoted on matrimonial issues in various publications, including Essence Magazine, has appeared as a guest discussing prenuptial agreements on the podcast $mart Women, and co-authored the article, How Getting a Job Can Work for Your Client During Divorce, for Family Lawyer Magazine.

Emily lives in the Upper West Side with her son, Henry.

Kelly Frawley

Kasowitz Benson Torres LLP

Kelly A. Frawley is a partner at Kasowitz Benson Torres LLP where she has been practicing exclusively in the matrimonial and family law department since 2007.  She negotiates and litigates all aspects of matrimonial and family law including equitable distribution, maintenance, child support, custody and parenting time.

Prior to joining the firm, Kelly served as an Assistant District Attorney at the New York County District Attorney’s handling narcotics and firearms cases, including as lead counsel in fourteen felony trials from jury selection through verdict. 

Kelly is a co-chairperson of the Public Service and Education Committee and a member of the Executive Committee of the New York State Bar Association Family Law Section.

Kelly graduated St. John’s University with a Bachelor of Arts in Economics in 2000 and St. John’s University School of Law with a Juris Doctor in 2004. She was named by Super Lawyers as a Rising Star in Family Law in 2013, 2014 and 2015.

She resides on the Upper West Side of Manhattan with her husband.


Jennifer M.

Excellent overview, very clear and informative.

Rashmi R.

Thoroughly enjoyed the course!

Allan W.

The speakers were very knowledgeable,spoke well.

Andrew M.

covered all issues for pre nup.

Robyn B.

Great speakers !

Bridget A.

more entertaining than other CLE's. kept my attention. i recommend this program

Gretchen K.

I found this CLE extremely informative and presenters were well organized and well spoken.

Joy P.

This was an interesting and engaging course.

Edward M.

lively presentation


This is an essential course for the Domestic Relations practitioner. Great information, excellent practice tips. Very lively and informative instructors.

keith s.

Hilarious. This was a great presentation. Practical and self deprecating

joseph d.

Excellent presentation.

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