We are a texting firm. To hear back from a licensed attorney faster, text us.
Free consultations and case assessments are available by appointment. Off-hours and weekend appointments are available.
We are a texting firm. To hear back from a licensed attorney faster, text us.
Law Office of Richard Roman Shum, Esq., PLLC.
A postnuptial agreement is a legal contract that spouses can sign after they are already married to define how their assets and debts will be divided if the marriage ends. Postnuptial agreements are valid in New York, but only when they meet strict legal requirements. They can cover property division, business interests, and spousal support, although any child custody or child support provisions remain subject to court review under New York law.
At the Law Office of Richard Roman Shum, Esq., Manhattan postnuptial lawyer Richard Roman Shum helps married couples create agreements that hold up in court. Our team represents clients throughout Manhattan and across New York City, including New York, Kings, Queens, Bronx, and Richmond counties, in postnuptial agreement matters.
This page walks through what postnups are, how they work under New York law, what they can cover, when they make sense, and how a Manhattan postnup lawyer can help you protect your financial future.
If you are considering a postnuptial agreement, call the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a free consultation.
“In both cases attorney Shum was great to work with. Navigating both of these situations was, at times, confusing. Attorney Shum made the details of both matters easy for me to comprehend.”
Schedule a Free Consultation
Looking For Experienced Attorney?
We are a texting firm. To hear back from a licensed attorney faster, text us.
A postnuptial agreement is a written contract that married spouses sign to decide how their property, assets, and debts will be divided if they later divorce or separate. It works much like a prenuptial agreement, with one key difference: the couple signs it after the wedding rather than before. Because life circumstances change after marriage, a postnup can address realities that did not exist on the wedding day, such as a new business, an inheritance, or a shift in income.
The table below compares the two types of agreements side by side
| Feature | Prenuptial Agreement | Postnuptial Agreement |
|---|---|---|
| When signed | Before marriage | After marriage |
| Legal enforceability in NY | Yes | Yes, with requirements |
| Covers property division | Yes | Yes |
| Covers spousal support | Yes | Yes |
Key Takeaway: A postnuptial agreement is a legally binding contract signed by spouses after marriage that outlines how marital property, assets, and debts will be divided if the couple divorces or separates. Unlike a prenuptial agreement, it is created during the marriage and can address financial circumstances that have changed since the wedding.
We Are Here to Help You
Fighting against the legal system can be terrifying, but with Richard Shum, you never have to fight alone.
Yes. Domestic Relations Law § 236(B)(3) authorizes spouses to enter into marital agreements, and the New York Court of Appeals confirmed in Christian v. Christian, 42 N.Y.2d 63 (1977), that these agreements are enforceable.
A postnuptial agreement must meet specific legal requirements before a court will enforce it. The agreement must:
Beyond these formalities, courts also consider how the agreement was made. Each spouse should enter into the agreement voluntarily and make a full and accurate financial disclosure. If a spouse was pressured into signing, intentionally misled, or denied important financial information, the agreement may later be challenged.
Even when a postnuptial agreement satisfies the required formalities, a court may refuse to enforce it in certain circumstances. Common grounds for challenging a postnup include fraud, duress, coercion, overreaching, unconscionability, and material failures to disclose assets or income. In Petracca v. Petracca, 101 A.D.3d 695 (2d Dep’t 2012), the court recognized that inadequate financial disclosure and an unfair bargain may justify setting aside a marital agreement.
Key Takeaway: In New York, a postnuptial agreement must be in writing, signed by both spouses, and acknowledged before a notary public to be enforceable. Courts may set aside agreements obtained through fraud, duress, overreaching, unconscionability, or materially incomplete financial disclosure.
If you are considering a postnuptial agreement or have questions about an existing one, Manhattan postnuptial lawyer Richard Roman Shum can help. Call the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a free consultation.
“Attorney Richard Shum assisted my family and I with a very difficult landlord. At a time of a lot of concern and uncertainty, Mr. Shum was there for us every inch of the way, his confidence and vast knowledge of the law, together with his passion for it and for helping people, provided us the serenity to go on about our life, while he took care of they daunting matter. At the end we reached an agreement only Atterney Shum could achieve. Since I recommended his service to any friends that is in need of help with legal matters, from Landlord/Tenant to family court, and in every case I receive a thank you call from said friends, following the successful outcome he provided. So, as I say to my friends, if you need an Attorney that will fight for you, and not stress you out, call this guy. you will thank me.”
Schedule a Free Consultation
A Manhattan postnuptial agreement can address a wide range of financial matters, including real estate, bank accounts, investments, business interests, retirement accounts, and debt. Because every family’s financial circumstances are different, spouses can tailor a postnuptial agreement to reflect their assets, responsibilities, and long-term goals.
A postnup allows spouses to decide how their property will be classified and divided if the marriage ends. The agreement can identify which assets will remain separate property, which will be treated as marital property, and how particular debts will be allocated between the spouses. For example, a spouse who receives an inheritance may specify that those funds will remain separate property, even if they are later used for shared expenses.
Yes. A postnuptial agreement can establish, limit, or waive spousal maintenance, which is New York’s term for alimony. The spouses may agree on whether maintenance will be paid, the amount, and the duration if the marriage ends.
A postnuptial agreement may also include provisions relating to children, but those terms are not binding on the court. New York courts determine child custody based on the child’s best interests, and child support must comply with New York law in effect when the issue is decided.
Key Takeaway: A Manhattan postnuptial agreement can address property division, debt allocation, and spousal maintenance. Child custody and child support remain subject to court review under New York law.
Every family’s financial situation is different, and a postnuptial agreement should reflect your specific circumstances and objectives. Call Manhattan postnuptial lawyer Richard Roman Shum at (646) 259-3416 to schedule a free consultation.
Schedule a Free Consultation
“I was very impressed with how astute, detail oriented and methodical Richard is with his work. He is experienced, technically proficient, highly effective and an excellent negotiator, who is proactive and knows the law inside and out. Richard kept me informed regularly and was responsive to all my requests and queries. All the traits that any good lawyer worth his salt should possess.”
There is no single point in a marriage when a postnuptial agreement becomes appropriate. Many Manhattan couples choose to create one after a significant financial or personal change that affects their assets, obligations, or long-term plans. Common situations include:
A postnuptial agreement is not limited to these situations. Any married couple seeking greater clarity about their financial rights and responsibilities may benefit from considering whether a postnup is appropriate for their circumstances.
Whether your finances have changed recently or you simply want to clarify financial expectations, a postnuptial agreement may be worth considering. Call Manhattan postnuptial lawyer Richard Roman Shum at (646) 259-3416 to schedule a free consultation.
Richard Roman Shum, Esq. is a Manhattan postnuptial lawyer and family law attorney who represents clients in postnuptial agreements, prenuptial agreements, divorce, child custody, child support, and other matrimonial matters throughout New York City. He provides practical legal guidance tailored to each client’s financial circumstances and long-term goals.
A lifelong New Yorker, Richard works closely with individuals and couples to resolve family law matters efficiently and thoughtfully. Whether preparing a postnuptial agreement or representing a client in another family law matter, he focuses on practical solutions that comply with New York law and reflect each client’s unique needs.
Get In Touch With Us
Free Consultations and Case Assessments Are Available by Appointment. Off-Hours and Weekend Appointments Are Available.
Learn More
Without a postnuptial agreement, New York courts divide marital property under the equitable distribution standard set forth in Domestic Relations Law § 236(B). “Equitable” means fair, not necessarily equal, so the court is not required to divide assets on a 50/50 basis.
Instead, the court considers a variety of statutory factors, including the length of the marriage, each spouse’s income and future earning capacity, and each spouse’s contributions to the marriage, including homemaking and raising children.
Generally, only marital property acquired during the marriage is subject to equitable distribution. Separate property, such as assets owned before the marriage or received by gift or inheritance, usually remains with the original owner unless it has been commingled or otherwise treated as marital property. A valid postnuptial agreement allows spouses to establish many of these financial terms in advance rather than leaving those decisions to the court.
A valid postnuptial agreement usually controls the financial issues the spouses have already addressed. Instead of asking the court to apply the equitable distribution factors to those issues, the spouses present their agreement, and the court will enforce its valid terms, except where New York law requires judicial review, such as child custody and child support.
By deciding these issues in advance, spouses can provide greater certainty about how their property and financial obligations will be handled if the marriage ends.
Key Takeaway: Without a postnuptial agreement, New York courts divide marital property under the equitable distribution standard, which seeks a fair, not necessarily equal, result. A valid postnuptial agreement allows spouses to establish many of their own financial terms before disputes arise.
If you want to determine how a postnuptial agreement may affect the division of your assets, Manhattan postnuptial lawyer Richard Roman Shum can provide guidance based on your circumstances. Call the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a free consultation.
The cost of a postnuptial agreement in Manhattan depends on the nature of the couple’s finances and how much negotiation the agreement requires. A simple agreement between spouses with straightforward finances costs less than one involving a business, multiple properties, or significant investment accounts. The level of negotiation, number of revisions, and whether both parties retain separate attorneys also influence the total.
Some couples are tempted to use online templates to save money. Using online templates is risky in New York, where strict acknowledgment and disclosure rules mean a poorly drafted document may be unenforceable. A template that ignores the proper acknowledgment requirement or fails to include full financial disclosure may result in an agreement that is difficult to enforce under New York law.
Preparing a postnuptial agreement in Manhattan involves several steps to help ensure the agreement complies with New York law and reflects both spouses’ intentions. While every situation is different, the process typically includes:
The time required to complete a postnuptial agreement depends on the nature of the couple’s finances and how quickly both spouses reach agreement on the terms. Agreements involving closely held businesses, substantial investments, or multiple properties often require additional time.
Key Takeaway: Preparing a postnuptial agreement in Manhattan involves financial disclosure, careful drafting, and proper execution. Taking the time to complete each step can help reduce the risk of future disputes over the agreement’s validity.
If you are ready to prepare a postnuptial agreement, Manhattan postnuptial lawyer Richard Roman Shum can guide you through each stage of the process. Call the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a free consultation.
A postnuptial agreement can help married couples define their financial rights and responsibilities while reducing uncertainty about how certain issues may be handled in the future. Because these agreements must satisfy specific legal requirements under New York law, careful drafting and execution are important.
NYC postnuptial lawyer Richard Roman Shum, Esq., represents clients in Manhattan and throughout New York City in the preparation, review, and negotiation of postnuptial agreements. At the Law Office of Richard Roman Shum, we work closely with couples to prepare agreements that reflect their goals while complying with New York’s legal requirements.
Call the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a free consultation. Our office is located at 20 Clinton St, FRNT, New York, NY, and serves clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
“Most kind and professional lawyer. A true gift. He saved me from the brutal claw of my management company and saved me a lot of money and pain.”
Yes. A spouse can challenge a postnup on grounds such as coercion, fraud, lack of full financial disclosure, or failure to notarize the signatures properly. A well-drafted agreement with complete disclosure is far more likely to survive a challenge.
Yes. New York requires that each spouse’s signature be acknowledged before a notary public, the same formality used to record a deed. If this acknowledgment is missing, courts can refuse to enforce the agreement even if it is otherwise fair and complete.
Yes. A postnuptial agreement can address business interests, including a company started during the marriage. The agreement can specify how the business will be valued, whether it stays with the founding spouse, and how any growth in value will be treated if the marriage ends.
A separation agreement is used when spouses are actively separating and intend to live apart, often as a step toward divorce. A postnuptial agreement is created during an ongoing marriage to plan for a possible future divorce while the couple still intends to stay together.
Yes. A postnup can assign real property, including a Manhattan co-op or condominium, to one spouse. Co-ops involve additional considerations because the building’s board and proprietary lease may restrict transfers, so these provisions should be drafted with those rules in mind.
No. A postnup is created during the marriage and prepares for the possibility of a future divorce. A marital settlement agreement is created at the time of divorce and resolves the actual terms of that divorce, such as the final division of property and support.
Yes. Spouses can amend or revoke a postnuptial agreement by mutual written agreement. Any change should be signed and acknowledged before a notary with the same formality as the original document to ensure it is enforceable.
Independent counsel is strongly recommended for each spouse, though it is not strictly required by statute. Separate attorneys help confirm that both parties understand the terms and enter the agreement freely, which makes it much harder to challenge later on grounds of coercion.