A prenuptial agreement lets a Staten Island couple decide in advance what happens to a house, a pension, a family business and support if the marriage ends. New York enforces a prenup only if it is in writing, signed by both of you and acknowledged in the form required to record a deed (DRL § 236(B)(3)). Neuhaus & Yacoob prepares prenups for fixed fees from $2,500, and Joel Yacoob is admitted in both New York and New Jersey.
At a glance
- Fixed fees: Standard $2,500, Complex $4,000, High-Net-Worth $6,000+.
- Often addressed: a house one of you owns and both of you improve, public and disability pensions, a family business or trade, and New Jersey homes or jobs.
- Joel Yacoob is admitted in New York and New Jersey, so agreements can account for both states.
- Consultations by phone or video; sign at our office or before a notary on Staten Island.
Prenups for Staten Island couples
We prepare prenups for couples across Staten Island, from St. George and Port Richmond to New Dorp, Great Kills, Eltingville, Annadale and Tottenville. Most of the work is done by phone, video and email; when the agreement is final, you can sign at our office at 195 Montague Street or before a notary on Staten Island using our instructions. The general rules are on our main prenuptial agreement page. This page covers the questions that come up most for couples with a house, a public pension, a family business or ties to New Jersey.
The house, and the work you put into it
When one partner already owns a house and the other moves in, the house is generally separate property (DRL § 236(B)(1)(d)(1)). Over a marriage, that can blur. Mortgage payments come from marital income, and a spouse may put money or long weekends into a new kitchen, a finished basement or an addition. Growth in the value of separate property can become marital to the extent it comes in part from the other spouse's contributions or efforts (DRL § 236(B)(1)(d)(3)), and proving how much is often expensive.
A prenup can set the rule now. Common approaches are to keep the house and its growth separate, to give the other spouse a credit for documented contributions, or to use a fixed formula for any buyout. The agreement can also cover a future home bought with money from the first one, and what happens to the house if the owner dies.
Pensions, including disability pensions
The part of a pension earned during the marriage is marital property (Majauskas v. Majauskas, 61 N.Y.2d 481 (1984)), and dividing it after a divorce takes a separate court order, usually a domestic relations order. A prenup can keep a pension separate, share part of it, or trade it against the house or another asset.
If either of you is a police officer, firefighter or other public employee, address disability retirement too. New York treats the part of a disability pension that compensates for personal injury as separate property, while the part that reflects ordinary retirement earned during the marriage is marital (Dolan v. Dolan, 78 N.Y.2d 463 (1991)). Each plan pays only what its rules allow, so the prenup should be written with the plan's rules in mind. For private plans covered by federal law, spousal waivers have their own requirements and usually need to be signed after the wedding.
Family businesses and the trades
A contracting, landscaping, real estate or restaurant business you owned before the marriage is separate property, but its growth can be marital if your spouse's work helped it grow, and a business started during the marriage is generally marital. A prenup can define your interest, set a valuation method or buyout formula, and say how vehicles, equipment and business real estate are treated. See protecting your business in divorce.
If one of you lives or works in New Jersey
Couples with a home, a job or family across the Outerbridge or Goethals bridges should decide which state's law governs the agreement. The rules differ. New Jersey's Uniform Premarital Agreement Act requires a statement of assets annexed to the agreement (N.J.S.A. 37:2-33) and lets a spouse avoid an agreement in some circumstances if he or she did not consult independent counsel and did not waive that opportunity in writing (N.J.S.A. 37:2-38). Joel Yacoob is admitted in both states. See our guide to New Jersey premarital agreements.
What a prenup cannot do, and how to sign it
A prenup cannot bind the court on child support or custody (DRL § 240), and it cannot leave a spouse likely to become a public charge (DRL § 236(B)(3); General Obligations Law § 5-311). Maintenance terms must be fair when signed and not unconscionable when a divorce judgment is entered (DRL § 236(B)(3)). Each signature must be acknowledged in the form used for deeds. Courts have refused to enforce agreements with a defective notary certificate (Galetta v. Galetta, 21 N.Y.3d 186 (2013)) or no acknowledgment at all (Matisoff v. Dobi, 90 N.Y.2d 127 (1997)).
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.