Why You Should Have an Attorney Review Your Prenuptial Agreement
When planning for marriage, a prenuptial agreement can be one of the most important legal documents you sign. While New York law does not require each party to have an attorney, failing to have an experienced prenuptial agreement attorney review the contract can lead to unintended consequences, unenforceable terms, or financial pitfalls in the event of a divorce. At Mindin & Mindin, P.C., we have reviewed and drafted nearly 1,000 prenuptial agreements, ensuring our clients enter their marriages with clarity and protection.
While some online services claim that prenups can be completed without legal counsel, having an attorney review the agreement before signing offers significant advantages, including:
✅ Ensuring the Agreement Is Enforceable
A poorly drafted prenuptial agreement (yes, I’m talking to you LegalZoom) may not hold up in court. In New York, prenuptial agreements must meet specific legal requirements to be enforceable, including full financial disclosure, voluntary execution, and fairness at the time of signing. If a prenup is challenged later, a judge can invalidate specific parts or the entire agreement if it appears unfair, rushed, or improperly executed.
✅ Avoiding Hidden Pitfalls and Unfair Terms
Without legal guidance, you may not fully understand the financial implications of the contract. An attorney can identify:
Unfair provisions that could leave one party at a significant disadvantage
Terms that conflict with New York marital law, making them unenforceable
Ambiguous language that could lead to disputes in the future
✅ Protecting Your Financial Future
Prenuptial agreements cover much more than just protecting assets. They can also address:
Spousal support (alimony) waivers and their enforceability
Debt protection, ensuring one spouse is not responsible for the other's liabilities
Inheritance rights, securing assets for children from previous marriages
Business ownership, protecting companies and professional practices
✅ Preventing Claims of Coercion or Duress
One of the most common challenges to a prenup is claiming that it was signed under pressure. An attorney ensures that:
Both parties sign voluntarily and with full understanding of the terms
There is no last-minute signing right before the wedding without having the terms thoroughly reviewed and understood by one of the parties (which courts may view as coercion)
Proper financial disclosure is made, preventing future claims of fraud
Can You Waive the Right to an Attorney?
Yes, under New York law, you can waive the right to independent counsel when signing a prenuptial agreement. However, this is not recommended because:
Courts scrutinize agreements where one party does not have legal representation
A lack of legal counsel can create unfair advantages for one spouse
If the agreement is later challenged, the absence of independent legal review can weaken its enforceability
When Should You Have an Attorney Review the Prenup?
It’s essential to have your prenuptial agreement reviewed well before your wedding. Waiting until the last minute can create issues of duress, potentially leading to the agreement being thrown out in court. We recommend:
✔ Reviewing the agreement at least one to six months before the wedding (although there is no hard and fast rule for the timing. The overall process is more important).
✔ Ensuring both parties fully disclose their finances
✔ Giving both parties adequate time to consult with their independent attorney
Flat-Fee Prenuptial Agreement Review & Drafting
At Mindin & Mindin, P.C., we provide:
✔ Flat-fee services for both drafting and reviewing prenuptial agreements
✔ Nearly 1,000 prenups reviewed and drafted, ensuring expert legal protection
✔ Comprehensive consultation to help you understand your rights and obligations
✔ Representation by one of New York City’s top-ranked and well-known matrimonial attorneys
Secure Your Future with a Properly Drafted Prenup
A prenuptial agreement is one of the most important legal documents you will ever sign. Make sure yours is ironclad, fair, and enforceable. Contact Mindin & Mindin, P.C. today for a consultation.
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