Marital Agreements

Protect your finances, your future, and your peace of mind.

When it comes to setting expectations in a relationship, whether before marriage, during a separation, or while finalizing a divorce, marital agreements are powerful tools. Whether you are just getting married, going through a separation, or facing divorce, these agreements help define rights, responsibilities, and asset division, helping to prevent future disputes. At The Schreck Law Group, we help you draft clear, enforceable agreements that define financial rights, asset division, and responsibilities, so you can move forward with confidence.

What Is a Marital Agreement?

A marital agreement is a legal contract between spouses that covers:

• Division of assets and debts

• Child custody and support

• Spousal Maintenance (alimony)

• Other financial and legal terms

Each type of agreement serves a different stage in the relationship. Choosing the right one helps avoid confusion, conflict, and court battles.

Types of Marital Agreements in New York

1. Prenuptial Agreements (Before Marriage)

A prenup is signed before the wedding and outlines how finances and property will be handled if the marriage ends. Far from being “unromantic”, prenuptial agreements allow for the clarity necessary for both spouses to concentrate on their relationship and not worry about the financial fairness of their marriage.

Why consider a prenup?

• Protect pre-marital assets, inheritances, and family property

• Clarify financial expectations

• Avoid future disputes and legal fees

2. Postnuptial Agreements (After Marriage)

A postnup is similar to a prenup, but it's signed after the wedding. It's ideal for couples who:

• Experience financial changes (new business, inheritance, major purchase)

• Want to protect assets acquired during the marriage

• Need clarity to avoid separation or divorce

Postnups can also serve as an alternative to separation, or even divorce. Often, couples who are considering divorce will instead use a well-structured postnup to redefine the terms and expectations of their marriage. This allows them to reconcile with clarity and the understanding of each other’s boundaries.

3. Separation Agreements (During Separation)

A separation agreement outlines how you’ll manage custody, support, and finances while living apart, without filing for divorce. It is particularly helpful for couples who are not yet ready to divorce but want to establish clear terms while they live apart.

While a separation agreement is not the same as a divorce, it can be a step toward finalizing a divorce later. A separation agreement can provide stability, especially when children are involved, and it can help reduce tensions by setting clear expectations.

Benefits:

• Sets clear guidelines during separation

• Can be used to streamline a future divorce

• Protects both parties, especially when children are involved

Learn more about Modifications & Custody

4. Divorce Agreements (Finalizing the Divorce)

A divorce agreement finalizes all terms of your split, including:

• Property division

• Spousal and child support

• Custody and parenting time

Once signed and approved by the court, it becomes a legally binding part of your divorce judgment.

Why Marital Agreements Matter

Marital agreements give you:

• Clarity – Avoids misunderstandings

• Peace of mind – Reduces legal and emotional stress

• Control – You decide the terms, not the court

How The Schreck Law Group Can Help

At The Schreck Law Group, we bring years of experience in drafting and enforcing marital agreements that stand up in court. Whether you're preparing for marriage, protecting your assets mid-marriage, or finalizing a separation, we’ll guide you every step of the way.

What we do:

• Help you identify the right agreement for your needs

• Draft or review strong, clear, legally enforceable terms

• Negotiate on your behalf for fairness and protection

• Enforce agreements when terms are violated

Visit our FAQ page for answers to common questions about prenups, postnups, and more.

Talk to an Attorney Today

A well-drafted marital agreement protects both your emotional and financial well-being. Contact The Schreck Law Group today to discuss your goals and get started with the right plan for your future.