Prenuptial & Postnuptial
Agreements
Whether entering a marriage or reassessing one already in place, clear financial agreements can preserve both assets and peace of mind. Prenuptial and postnuptial agreements serve as essential legal tools defining rights, obligations, and expectations.
At Bikel Rosenthal & Schanfield, we assist in drafting, negotiating, and litigating prenuptial and postnuptial agreements in complex, high-conflict cases involving intricate assets, family businesses, international holdings, and emotionally charged dynamics.
The "Relationship Ahead of Time" Approach
Too often, prenuptial agreements are framed solely as preparations for divorce.
We advocate a different perspective: a Relationship Ahead of Time strategy.
Rather than viewing prenups as a signal of mistrust, responsible couples view these agreements as a framework for honest discussion, long-term planning, and mutual respect. Prenuptial agreements encourage partners to clarify financial values and expectations early, an exercise that can strengthen the relationship.
Tips for Constructive Prenup Conversations:
- Start early: Avoid last-minute negotiations that feel pressured or adversarial.
- Review together: Discuss each clause openly to build mutual understanding.
- Use neutral language: Focus on planning, not protecting against your partner.
- Involve separate counsel: Having each party receive independent legal advice ensures fairness and impartiality.
Why Prenups and Postnups Matter in High-Conflict Cases
In marriages where emotional, financial, or reputational stakes are high, a well-drafted agreement can be a critical safeguard. We represent clients involved in high-conflict situations such as:
- Public or media-sensitive divorces
- Cross-border marriages with conflicting jurisdictional rules
- Family disputes over trusts or inheritance
- Businesses with multiple owners or legacy planning
- Complex asset portfolios or hidden financial histories
In these cases, prenuptial and postnuptial agreements can help reduce courtroom battles, limit costly discovery, and preserve privacy. Drafted carefully, prenups and postnuptial agreements provide a legal framework that limits ambiguity and exposure.
Challenging or Enforcing a Prenuptial Agreement
Marital agreements are not immune to dispute. Whether you're seeking to uphold a prenup or contest one, the matrimonial attorneys at Bikel Rosenthal & Schanfield offer strategic representation grounded in an extensive understanding of New York family law.
Common grounds for challenging a prenup or postnup include:
- Fraud or concealment: A spouse fails to disclose all relevant assets or income at the time of signing.
- Improper execution: The agreement wasn't properly signed, witnessed, or documented in accordance with New York law.
- Unconscionable terms: The agreement is grossly one-sided, leaving one party without reasonable support.
- Duress or coercion: One spouse was pressured or manipulated into signing the agreement, especially shortly before a wedding.
Courts analyze these claims on a case-by-case basis. A single issue, such as incomplete disclosure, may not be sufficient to overturn an agreement, but multiple issues may render a prenuptial agreement invalid.
Our attorneys evaluate the totality of your circumstances and offer honest, clear guidance on the strength of your position.
Bikel Rosenthal & Schanfield: Experience in Every Stage
We regularly advise and represent clients on marital agreements involving:
- Closely held businesses and real estate portfolios
- Multinational property and citizenship issues
- Disputes involving public figures, reputational risk, or confidentiality clauses
- Complex maintenance structures tied to lifestyle or income tiers
Whether you're designing an agreement from scratch, revisiting its terms during the marriage, or preparing to challenge a prenuptial or postnuptial agreement in court, our team of experienced counsel offers clarity, expertise, and strategic insight.
Clear Agreements. Fewer Surprises. Smarter Outcomes.