Partner
When you’re planning a wedding, there’s a lot to be excited about—celebrations, travel plans, family gatherings. But amid the fun, it’s also wise to have clear conversations about your future. For many couples in New York, that means sitting down to create a prenuptial agreement.
If you’ve scheduled your first meeting with a prenup lawyer, here’s how to prepare so you can feel confident and ready.
What a Prenup Covers in New York
A prenuptial agreement (also called an antenuptial agreement in legal terms) is a written contract that outlines how certain financial matters will be handled if the marriage ends in divorce or death. In New York, a prenup can cover:
- How separate and marital property will be defined and divided
- Whether either spouse will pay spousal support (and under what terms)
- How assets or debts acquired during the marriage will be handled
However, there are limits. A prenup cannot determine child custody or child support—that’s always subject to the court’s determination based on the best interests of the child.
For the prenup to be enforceable, it must be in writing, signed voluntarily by both parties before the wedding, and include full financial disclosure. That’s why preparing in advance for your meeting matters.
Steps to Take Before Your Prenup Meeting
1. Make a List of Your Assets and Debts
The first thing your attorney will ask for is a complete picture of your finances, such as:
- Checking and savings accounts
- Investment and retirement accounts
- Real estate
- Businesses
- Credit card balances
- Student loans and other liabilities
This step isn’t just about transparency—it’s a legal requirement. In New York, both parties must fully disclose their finances for the prenup to hold up in court.
2. Think About What Matters to You
Prenups are personal, so take some time to think about your goals. Do you want to keep a business or inheritance separate? Are there assets you’ve built before marriage that you’d like to protect? What are your expectations if the marriage doesn’t work out?
Having a sense of your priorities before your meeting will help your attorney craft an agreement that truly reflects your values.
3. Talk to Your Partner Ahead of Time
The prenup conversation shouldn’t start in your lawyer’s office. It’s a good idea to have open discussions with your fiancé before the meeting so both of you understand why the agreement is being considered and what you each hope to achieve.
Encourage your partner to have their own attorney review any agreement you create. Courts are more likely to uphold a prenup when both parties are represented and feel the process was fair and balanced.
4. Prepare Your Questions
It’s completely normal to have concerns or uncertainties. Make a list of questions you want to ask during your consultation. That might include:
- How can a prenup be updated later?
- What happens if one spouse earns significantly more in the future?
- Will this agreement still apply if we move out of state?
At Aiello & DiFalco, we’re here to answer those questions and help you feel informed—not pressured.
What to Expect After the Meeting
Once you’ve discussed your financial picture and goals, your attorney will begin drafting the prenup. You’ll then have time to review it, negotiate terms if needed, and ensure your partner has the opportunity to do the same with their own legal counsel.
This isn’t a rushed process. A good prenup takes time and care. And when done right, it helps strengthen trust—not undermine it.
Speak With a New York Prenup Attorney at Aiello & DiFalco
If you’re preparing for marriage and want to discuss a prenup, turn to Aiello & DiFalco. We’ve helped countless individuals across New York protect their future with thoughtful, well-drafted prenuptial agreements. Contact us today to schedule your confidential consultation. We’ll help you feel prepared, confident, and ready to take this next step.