A prenuptial agreement lets a Bronx couple decide, before the wedding, what stays separate and how support works if the marriage ends: a home you already own, a pension you have been building, savings, debts, and what you want to leave to children from an earlier relationship. New York requires the agreement to be in writing, signed by both of you and acknowledged like a deed (DRL § 236(B)(3)). Neuhaus & Yacoob's fixed fees start at $2,500.
At a glance
- Fixed fees: Standard $2,500, Complex $4,000, High-Net-Worth $6,000+.
- Often addressed: a home or co-op owned before the wedding, public or private pensions, student loans and other debts, and estate plans for children from an earlier relationship.
- A prenup cannot reduce child support or decide custody; the court keeps that power.
- Consultations by phone or video; sign at our office or before a notary in the Bronx.
Prenups for Bronx couples
We prepare prenuptial agreements for couples across the Bronx, including Riverdale, Kingsbridge, Pelham Bay, Throgs Neck, Morris Park, Parkchester, Co-op City and the South Bronx. A prenup is not only for the very wealthy. For many couples it is a practical document that protects a home or a pension one of you worked for before the wedding, and that makes clear who is responsible for which debts. The requirements are the same throughout New York; see our main prenuptial agreement page.
A home or co-op you already own
A house, condo or co-op you own before the marriage is generally separate property (DRL § 236(B)(1)(d)(1)). Its status can change over time in two separate ways. If marital earnings pay down the mortgage, the marital estate may be entitled to a credit for those payments. And an increase in the home's value can become marital to the extent it comes in part from your spouse's contributions or efforts (DRL § 236(B)(1)(d)(3)). Adding your spouse to the deed, or selling and buying a new home together, can change the analysis further.
A prenup lets you choose the rule in advance: the home and its growth stay separate; your spouse receives a defined credit for payments made during the marriage; or growth after the wedding is shared. It can also say what happens if you later buy a home together using money from the sale of the first one.
Pensions and retirement plans
If either of you has a pension, whether through a city or state retirement system, a union plan or a private employer, the part earned during the marriage is marital property under New York law (Majauskas v. Majauskas, 61 N.Y.2d 481 (1984)). Dividing it after a divorce takes a separate court order, usually called a domestic relations order or, for many private plans, a QDRO. A prenup can keep the pension separate, share part of it, or trade it against another asset.
Plan rules matter. Each plan pays only what its rules allow. For private plans covered by federal law, a spouse's survivor rights can be waived only by a consent that meets federal requirements, and a federal appeals court has refused to treat a prenup that did not meet them as a valid waiver (Hurwitz v. Sher, 982 F.2d 778 (2d Cir. 1992)). If retirement benefits matter to you, plan to sign the plan's own consent forms after the wedding as well.
Student loans and other debts
Couples often bring student loans, credit card balances or car loans into a marriage. A prenup can say which of you is responsible for each debt, including loans taken out during the marriage, and how payments made from joint funds are treated. It cannot change what you owe a lender: a creditor can still collect from whoever signed the loan, and the agreement then decides how the two of you settle up.
Children from an earlier relationship
If either of you has children from an earlier relationship, a prenup can protect what you want them to inherit. Without an agreement, a surviving spouse generally has a right to elect a share of the other spouse's estate even if the will leaves it to someone else. That right can be waived in a signed, acknowledged writing (EPTL § 5-1.1-A(e)), and the waiver should be coordinated with your will, life insurance and beneficiary designations. A prenup does not reduce what either of you owes in support for existing children.
What a prenup cannot do
A prenup cannot bind the court on child support or custody. Child support terms are subject to the Child Support Standards Act, and an agreement that departs from the guideline amount must say so and give reasons (DRL § 240(1-b)(h)); custody is decided on the child's best interests (DRL § 240(1)(a)). A prenup also cannot leave a spouse likely to become a public charge (DRL § 236(B)(3); General Obligations Law § 5-311), and maintenance terms must be fair when signed and not unconscionable when a divorce judgment is entered (DRL § 236(B)(3)).
Signing
Each signature must be acknowledged in the form required to record a deed. Courts have thrown out agreements over a defective notary certificate (Galetta v. Galetta, 21 N.Y.3d 186 (2013)) and over a missing acknowledgment (Matisoff v. Dobi, 90 N.Y.2d 127 (1997)). You can sign at our office at 195 Montague Street or before a notary in the Bronx using our instructions.
Fixed fees
Standard Prenup
$2,500
Straightforward asset protection
Complex Prenup
$4,000
Business interests or significant assets
High-Net-Worth
$6,000+
Extensive holdings, multiple properties
Each fee includes a financial disclosure review, custom-drafted terms, negotiation support if needed, and execution and notarization guidance. See what a prenup costs in NYC. Start online or call (718) 975-1123.