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

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