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  • Home
  • Who We Are
    • Meet the Founder
    • Meet The Team
  • What We Do
    • Uncontested Divorce
    • Prenuptial Agreements
    • Postnuptial Agreements
    • Contested Divorce
    • Step Parent Adoption
    • Child Custody
    • Child Support
  • Who We Serve
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    • Entrepreneurs
    • How We Serve Our Clients
    • Hire Our Firm
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    • Top 5 Divorce Mistakes
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New York Prenuptial Agreement Lawyer for High-Earning Professionals

A premarital plan, commonly known as a prenuptial agreement, is a strategic legal tool that allows couples to address financial expectations before marriage rather than during conflict. Through a structured process that includes full financial disclosure, identification of separate and marital assets, discussion of income, debts, and future goals, and the drafting of clear legal terms, a prenup reduces uncertainty and protects both parties. At ASJ Law Office, we guide high-earning professionals and entrepreneurs through a streamlined, thoughtful prenup process designed to protect assets, minimize future disputes, and create clarity from the outset. By addressing financial issues proactively, our firm helps clients enter marriage with confidence while reducing the risk of costly and emotionally taxing litigation down the line.


What Is a Prenuptial Agreement in New York?

A prenuptial agreement in New York is a legally binding contract signed by both parties before marriage that defines how assets, debts, income, and financial responsibilities will be handled during the marriage and if it ends. Under New York Domestic Relations Law, a prenuptial agreement must be in writing, signed by both parties, and acknowledged in the manner required to entitle a deed to be recorded in order to be valid and enforceable. Without one, New York's equitable distribution laws determine how your marital property is divided, and those decisions are made by a judge, not by you.


Does a prenuptial agreement mean I do not trust my partner?

No. A prenup is not about distrust. It is about planning ahead, the same way a will or insurance policy is something you hope you never need but are glad to have. For professionals and business owners, a prenup is a financial planning tool, not a statement about the strength of your relationship. The couples who approach it that way almost always find the conversation strengthens their communication before the marriage begins.


What can a prenuptial agreement cover in New York?

A prenuptial agreement can address which property stays separate, which property becomes marital, and how spousal support will be handled. New York law allows couples to agree to limit or waive alimony entirely. A well-drafted prenup can also cover business interests, future income and bonuses, debt allocation, inheritance rights, and financial responsibilities for children from prior relationships.


What cannot be included in a prenuptial agreement in New York?

A New York prenuptial agreement cannot determine child custody or child support for children not yet born at the time of signing. A judge is not bound by prenup terms on these issues and must always make decisions based on what is in the best interests of the child at the time of separation or divorce. Any provision that attempts to contract away a child's rights will not be enforced by a New York court.


When should we sign a prenuptial agreement in New York?

Well in advance of your wedding date. Signing too close to the ceremony creates a legal risk. A court may view last-minute signing as evidence of pressure or duress, which can invalidate the agreement entirely. Starting the process at least three to six months before your wedding gives both parties time to review, negotiate, and sign without pressure.


How long does it take to get a prenuptial agreement in New York?

Drafting and signing a prenup in New York typically takes several weeks to a few months, depending on the complexity of each party's financial picture, the negotiation process, and how quickly both parties engage their own attorneys. Beginning at least three to six months before your wedding date gives you sufficient time to do this properly.


Do both parties need their own attorney for a prenup in New York?

Yes. Both parties should have separate attorneys when entering into a prenuptial agreement. If you do not have separate attorneys, a court will scrutinize the agreement more closely for unfairness and may refuse to enforce it. Sharing one attorney is a conflict of interest and one of the most common reasons prenups are successfully challenged years later.


Can we use an online or DIY prenuptial agreement in New York?

No. Generic online forms do not account for New York's specific legal requirements or the details of your individual financial situation. A prenuptial agreement is only as strong as the drafting behind it. DIY forms leave you exposed to the exact consequences you were trying to avoid.


Can a prenuptial agreement be changed after marriage?

Yes. Couples can amend a prenuptial agreement after marriage when circumstances change, provided both parties agree to the changes in writing. This is typically done through a postnuptial agreement. Major life changes such as the birth of a child, a significant shift in income, or a new business venture are common reasons couples revisit and update their original agreement.


What makes a prenuptial agreement invalid in New York?

A prenup can be invalidated by fraud, hidden assets, coercion, or failure to provide full financial disclosure by either party. It can also be challenged if one party lacked independent legal counsel, if it was signed under duress, or if the terms are found to be unconscionable at the time of enforcement. Full transparency on both sides is not optional. It is what makes the agreement hold.


Ready to protect what you have built before you say I do?

ASJ Law Office drafts prenuptial agreements for professionals, executives, and business owners across New York City. Attorney Asia Scarlett-Jones, Esq. brings the legal precision and personal attention your situation deserves, with flat-fee pricing so you always know what you are paying from day one.

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Who We Help: Executives, Entrepreneurs, and High-Earning Professionals

You’ve spent years building your career, wealth, and financial security. Whether this is your first marriage or you’ve been through divorce before, you want to:

  • Protect your pre-marital assets
  • Clarify financial expectations upfront to avoid conflict later
  • Safeguard business interests, real estate, or family wealth
  • Enter your marriage with clarity, not fear
     

At ASJ Law Office, we help C-Suite executives, entrepreneurs, and professionals craft fair, enforceable prenuptial agreements that give both partners peace of mind.

Take Our Pre Marital Quiz To See if a Prenup is Right For You

How ASJ Law Office can help with your prenuptial agreement in New York

ASJ Law Office is a boutique matrimonial and family law firm in New York City serving professionals, executives, and business owners. Attorney Asia Scarlett-Jones, Esq., a Super Lawyers honoree and Amazon bestselling author, is a recognized thought leader on prenuptial agreements in New York.

When you work with ASJ Law Office you can expect:

  • A thorough review of your full financial picture before drafting begins
  • A customized agreement that reflects your specific assets, goals, and relationship
  • Flat-fee pricing so your legal costs are clear and predictable from day one
  • Clear timelines so your agreement is completed well before your wedding date
  • Seamless communication through a secure client portal built for busy professionals

How do I get started?

Schedule a consultation and we will walk through your situation, explain your options, and draft an agreement that protects what you have built.

Get Started Today!

Do You Need a Premarital Plan?

If you are a professional, business owner, or earning six figures, a prenup can help protect your assets, income, and financial growth.

Many people wait too long or assume they don’t need one. In reality, starting early gives you more control, options, and a smoother process.

This is especially important if you:

  • own a business 
  • expect income growth 
  • have investments or property 
  • want to avoid financial disputes 

If you are planning a wedding in the next 6 months, it’s time to understand your options.

Frequently Asked Questions

Please reach us at info@ASJLawOffice.com if you cannot find an answer to your question.

Yes. A prenuptial agreement in New York can protect your RSUs and stock options by clearly defining which grants are separate property, establishing a framework for how vesting during the marriage is treated, and addressing liquidity events such as acquisitions or IPOs. Without specific prenup language, equity that vests after your wedding date may be subject to equitable distribution.


Your ownership of a pre-marital business is generally protected, but the appreciation in your business's value during the marriage may not be, without a prenuptial agreement. New York courts may apply equitable distribution to marital-period growth. A prenup that establishes the business's pre-marital valuation and defines how appreciation is treated is the most effective protection available.


Pre-marital debt generally remains separate property in New York. However, if marital income is applied to that debt during the marriage, it can create entanglement claims. A prenuptial agreement that explicitly ring-fences pre-marital debt and addresses repayment structure prevents those claims from arising later.


Yes. A prenuptial agreement can explicitly define a future partnership buy-in as separate property, even before the buy-in occurs. This is important because if the capital contribution comes from marital income and no prenup addresses it, the resulting equity stake may be treated as a marital asset under New York's equitable distribution framework.


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112 West 34th Street, New York, New York 10120, United States

(929) 930-5604

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The choice of a lawyer is important and should not be based solely upon advertisements. Past results do not serve as a guarantee of future results. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The receipt or viewing of this information does not create an attorney-client relationship. 

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Money, Marriage, & New York- What you need to know!

If your name is on the bank accounts, the savings accounts, the 401k, the Roth IRA, the susu, the business, or the deed - then this is for you. 


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