ABOUT US

Founded in 2006

The Storobin Law Firm maintains a very strong practice in the field of prenuptial agreements and family law. Our offices are located in Manhattan, Long Island, and New Jersey. David Storobin, Esq. personally drafted thousands of prenups throughout his career and while nobody can predict the future, so far we are not aware of any of our prenups that weren't accepted by divorce judges.

We believe we offer the best prenuptial agreement you will be able to find from any law firm in New York or New Jersey, and we draft them at an affordable rate.

David Storobin is a former New York State Senator with over 18 years of experience as an attorney. He has been named to the Reuters list of "Super Lawyers" and has been named one of the top 2.5% of local attorneys. Just recently David Storobin was interviewed by CNN as an expert on prenuptial agreement.

For a free consultation with an attorney, please call (646) 350-0601 or (516) 701-2480, or (973) 200-6420.

Prenuptial Agreements : Here’s Everything You Need to Know

What is a Prenuptial Agreement?

A prenuptial agreement is a contract signed by you and your spouse detailing your property rights and what would happen in the event of a divorce.

Why Our Prenuptial Agreements are Better?

Unlike many law firms in New York City, our family law attorney do not use cookie-cutter prenups that you can find online for pennies and then re-sell to clients for thousands. We also do not prepare bare-bones 5–6 page prenuptial agreements because those do not sufficiently protect people due to New York's and New Jersey's vast and complex legal requirements. We draft all the prenups with an eye toward how a judge would review them to help make sure that they would be approved by any judge.

Most of our prenups are 25-45 pages long, depending on your needs, and can cover almost any possible divorce issue (except child support) - not just the one you are currently facing, but also those you may face in the future, including such inheritance, retirement, current and future business ventures, and the change of scenario that occurs from moving, changing jobs, or having children.

Our prenups will reflect your specific circumstances: spousal support or division assets can depend on how many years you're married before the divorce, whether you have children or not, and what sacrifices you made, among other factors. We can draft your agreement to keep everything separate or we can prepare it to share some of your assets.

We will carefully explain the law to you until it is clear to you what your needs are, what you can waive, and what you should fight to achieve to protect your needs.

How Much Does a Prenup Cost?

We don't believe that cost of prenuptial agreements should be thousands of dollars, as most firms charge for agreements that are significantly inferior to what we prepare for our clients. Simply put, in the vast majority of cases, there's no justification for lawyers to charge $3,000-$10,000 for a prenuptial agreement because it shouldn't take competent attorney dozens of billable hours to justify such a fee. In almost all cases, we charge only $1,500 to draft your prenup or $675 to review a prenup drafted by another attorney.

What does a Prenup do?

Prenuptial agreements are intended to protect the wealthier spouse from losing money in a divorce. Although a prenuptial agreement can serve this purpose, it is far from the sole one.

Difference between Prenuptial Agreements and  Postnuptial Agreements?

( Prenup vs postnup )

Postnuptial agreements are like prenuptial agreements, but they're made after the couple gets married. They can be effective, but it's better to make the agreement before getting married, when you and your spouse can still agree on the terms.

Which is better prenup or postnup?

If one of the signers attempts to contest it after the union dissolves, a prenup is more likely to be enforceable than a postnup. When independent persons sign before they are married and have combined their assets, divorce courts tend to assume that compulsion is less possible.

3 Reasons Why prenuptial agreements are a good idea?

Allow you and your partner to decide what property each of you would keep in the event of a divorce.

Prevent you from assuming your partner's debt in the event of a divorce.

Specify where your assets will be distributed in the case of your death.

Is Prenuptial Agreement a Bad Idea?

A prenuptial agreement has no downsides. If you and your spouse stay together, you'll never need it. If you split, your prenuptial agreement will help the process work smoothly as possible.

How long does a prenuptial agreements last?

Prenuptial agreements often continue for the duration of the marriage. However, prenuptial agreements might include terms that expire. The most prevalent is an agreement that no spousal support will be paid unless they have been married for at least ten years.

Celebrities Who Had a Prenup When They Got Married:

  • Justin Bieber and Hailey Bieber
  • Jessica Simpson and Nick Lachey
  • Gwen Stefani and Gavin Rossdale
  • Seth Rogen and Lauren Miller
  • Stassi Schroeder and Beau Clark
  • Teresa Giudice and Joe Giudice
  • Gabrielle Union and Dwyane Wade
  • Khloé Kardashian and Lamar Odom
  • Dax Shepard and Kristen Bell

Some Infamous Celebrity's Prenuptial Agreements:

  • Brad pitt and Angelina Jolie
  • Ice-t and Coco Austin
  • Nicole Kidman and Keith Urban
  • Kim kardashian and Kanye West
  • Chris Rock and Malaak Compton-Rock

Prenup FAQs - Answering Common Questions

Experts respond to the most frequently asked prenuptial agreement questions.

How to Prepare a Prenuptial Agreements

You and your spouse can draft your prenup, but it is preferable if each of you consults with a NYC prenup lawyer. Your prenup will be invalid if it does not meet the legal standards in your state. A court may also overturn a prenup if it believes it is unbalanced.

A NYC prenup Lawyer can review a prenup to ensure that it meets all of the criteria and is equitable to both parties. For this, you and your spouse will require your own NYC prenup lawyers. It would be a conflict of interest if one lawyer represented both of you since they would be unable to protect both of your interests at the same time.

Hopefully, you'll never need to use the prenup. But it's in your and your future spouse's best interests to create one, and it doesn't take long.

What can and cannot be included in a premarital agreement?

Prenup meaning / Prenup definition:

"Prenuptial agreements are legal documents that govern the division of assets and property in the event of a divorce." Most agreements stipulate that each person will get their personal property back, and that items purchased during the marriage will be split equally. Some elements cannot be included in the agreement, but others are typically included.

Benefits of getting a Prenup:

1-The arrangement protects each spouse from the debts of the other.

2-The arrangement may provide for children from a previous relationship to receive property or financial support after your death.

3-It can also be used to keep others from purchasing property that you own outright. Property can include antiques, a home, a car, or a company. In most states, the agreement can delegate any sort of personal property.

4-If one person has a considerable amount of money or property and the other does not, a prenuptial agreement is an excellent option. The agreement ensures that the individual who does not own the property or money will not be able to obtain it following the divorce. It will be returned to the owner's possession.

Will a prenup protect retirement and business?

Separate businesses are commonly mentioned in contracts. Most people will include retirement and insurance benefits. Income, deductions, and claims can also be included when filing taxes. If you get divorced, the agreement will keep your financial accounts and associated expenses separate.

Anything that is prohibited or that would modify existing child custody arrangements cannot be included.

How to Make Prenuptial Agreements Legal

A prenuptial agreement is a good way to protect your assets before getting married, especially if one spouse has more assets than the other. They are also commonly utilized when one of the spouses has a personal business and wants to preserve the business assets separate from marital assets in the event of divorce.

It is best for both spouses to have their own representation when creating a prenuptial agreement, so that both spouses' interests are considered. This is the most effective way to prevent one spouse from having too much control over the agreement and making it one-sided.

Are prenuptial agreements legally enforceable?

A judge will consider three elements when assessing whether a prenuptial agreement is legally enforceable.

1. Voluntary

You must be able to demonstrate that both parties entered into the arrangement freely and without pressure.

2. Review

Even if neither party hired an attorney, they should have been allowed to evaluate the agreement with separate legal counsel.

3. Full Disclosure

Even if all of these elements are met, a prenuptial agreement may be deemed unenforceable by a court in certain circumstances.

1. If the agreement is unconscionable, it will be null and void. This means it cannot be excessively one-sided or cause undue hardship for one of the parties.

2. If the same NYC prenup lawyer represents both parties, this could lead to a conflict of interest later on. In this situation, the entire prenuptial agreement may be declared unenforceable.

3. If the prenuptial agreement attempts to limit the amount of child support that one or both parties must pay, the agreement may be declared null and void. The court may choose to strike only the unenforceable clause and try to enforce the rest of the agreement's contents.

4. If one of the parties can prove that they didn't have enough time to consider the prenuptial agreement before signing it, or that they were forced to sign it under duress, the agreement will be invalidated.

5. If either party lies about their financial situation, that may make the prenuptial agreement invalid.

6. A prenuptial agreement will not be valid if an oral contract is used. To be legally binding, the prenuptial agreement must be written and signed by both parties. Whatever you and your spouse agree on, if it is not reduced to writing, it is as if the agreement does not exist.

Consult our NYC prenup attorney early in the process if you are considering entering into a prenuptial agreement. You don't want to discover later on that your time and legal money were squandered when you tried to implement the agreement for no purpose.

Are prenuptial agreements public record?

Are prenuptial agreements publicly available? These contracts frequently contain confidential information and other details concerning financial arrangements between two people that neither party wants to be made public. As a result, the question of privacy is critical.

Are Prenuptial Agreements Available For Public Review?

The answer to whether or not a prenuptial agreement is a public record is primarily determined by the jurisdiction. Distinct states have different restrictions regarding the privacy of specific legal papers, such as prenuptial agreements. However, as a divorce settlement instrument, prenuptial agreements are a public record in the majority of states.

However, the ultimate decision rests with the judge presiding over the divorce process. If the judge believes that protecting privacy is important to safeguard one of the parties concerned, the court documents can be sealed. This includes the prenuptial agreement and any other paperwork that could be damaging if made public.

What Makes Prenuptial Agreements Sensitive Documents?

Because of the terms of this form of document, it may be difficult to persuade a judge to sign a prenuptial agreement. Traditional prenuptial agreements simply divide property and financial responsibilities if the marriage fails. It stipulates the partition and ownership of tangible property and obligations, as well as the rules of spousal maintenance and property inheritance.

A normal prenuptial agreement contains little else, and because these problems are frequently made public throughout divorce proceedings, there's little reason for a judge to seal the document. The judge may seal court records, including the prenuptial agreement, to protect minor children engaged in the settlement.

This is because children from a partnership are frequently under the age of 18 at the time of divorce, and the judge may protect the specifics of property settlements and financial divide from public scrutiny.

Records that become public may be used to harm children or gain access to inherited funds. If there is domestic violence, there may be a greater need for privacy.

The spouse's attorney may request that the court records be sealed in order to keep the prenuptial agreement private. However, if all court records are sealed, this may not be the desired outcome.

Do prenups hold up in court?

In short, most courts will uphold the terms of a prenuptial agreement. Before signing a prenuptial agreement, you should get answers to a few questions concerning the details. An attorney may assist you in drafting the agreement and provide details regarding what can and cannot be included, as well as how much of the agreement is upheld by the courts.

Couples sometimes include in their agreement that if they divorce, one spouse will not have to pay child support. In most places, a court will not enforce any child support or custody provisions in a prenuptial agreement. You would need to go to court separately to resolve concerns about payment and custody arrangements.

In short, most courts will uphold the terms of a prenuptial agreement. Before signing a prenuptial agreement, you should get answers to a few questions concerning the details.

Can prenup prevent alimony?

Couples can include alimony in their prenuptial agreements, specifying an amount to be paid and for how long. The court system usually upholds these details, though it may take into account the equality of the couple's assets when making a decision. An attorney can help with drafting the agreement and provide guidance on what can be included and how much of the agreement is likely to be upheld by the courts.

Something to check is when the prenuptial agreement was signed. If the paperwork was drafted months before the wedding, the courts would be more likely to uphold it than if the agreement was signed only a few days before the wedding.

If one party has a NYC prenup lawyer and the other does not, or if both parties use the same NYC prenup lawyer, the document is less likely to be sustained.

How do I approach my future spouse about prenuptial agreements

There is nothing wrong with a prenup. It's equivalent to having vehicle insurance. You don't acquire the insurance coverage because you intend to smash your car into a tree, but if you do, you'll be glad you were covered. It's a responsible decision, similar to a prenup.

Here are some tips to make the prenuptial agreement talks go more smoothly for you and your future husband.

1-Discuss a Prenup early on with our NYC Prenup Lawyers

Don't bring up a prenup when you're knee-deep in wedding planning or, worse, just days away from walking down the aisle. You and your spouse will be already stressed, there may not be enough time for lawyers to review the arrangement, and if your spouse claims they signed the prenup under duress, a court may not consider it legal.

Bring up a prenup as early as possible in the engagement. You and your partner will be more rational and have more time to reach an arrangement that you both agree on. And be cautious while bringing it up for the first time. Asking to discuss a prenup is less likely to spark a conflict than declaring you're obtaining one or simply presenting your partner with a paper to sign.

2-Be Prepared to explain Why.

If you and your partner have never discussed a prenup, they may be taken aback. Understand that they will most likely want to know why you want one, and you should be prepared to give them your reasons.

You can choose to inform them that you want to keep your financial independence or that you believe it's the best decision for both of you. Practice what you're going to say so that it comes naturally when the time arrives.

3-Choose the Right Setting

There is a time and place for discussing a prenup, and it is not in a restaurant during a romantic dinner date. It's also not something you should bring up after a long day or after an argument.

When you mention a prenup, you and your spouse should be in private, and both of you should have enough free time to discuss it without being interrupted. You might want to bring it up early on in your wedding planning.

4-A Prenup should not be a major source of contention.

If your partner is upset by the mention of a prenup, remain calm and listen to them. Ask a lot of inquiries to find out what it is that upsets them. Although this may be an emotional issue, it should not be a major concern. It's simply the finest option.

Remember that asking for a prenup is not a wrongdoing. You're only trying to protect yourself. If both you and your husband have lawyers to assist you during the prenuptial agreement process, it should go easily and result in a reasonable contract.

How Long Will It Take To Draft A Prenup

The time it takes to design a prenuptial agreement varies, as does the time it takes to sign and finalize it. Depending on the wealth, assets, and other criteria to be included, drafting a will could take a few days or longer. The time it takes from drafting the document to final approval will also vary and depend on several circumstances, including whether or not the other party disputes anything.

Can we change our prenuptial agreements?

It is also possible to alter your prenuptial agreement once a certain amount of time has passed. Ten years is an acceptable amount of time to wait before revisiting the document to see if both parties are still in agreement. A "sunset clause" might be inserted in the initial writing of a prenuptial agreement, which indicates that the prenuptial agreement between the couple will automatically terminate after a particular amount of time, possibly ten or twenty years.

When to get a Prenup?

It is best to have the prenuptial agreement drafted and signed thirty days before the wedding. There is always the possibility that a revision will be required, and a NYC prenup lawyer can rapidly put those adjustments into the agreement. A prenup is not a complex process, but it is vital for the couple involved and should not be rushed.

Who Uses Prenuptial Agreements?

When prenuptial agreements were initially introduced, they were mostly used by the wealthy to protect their income. Each spouse was required to sign the contract as a means of ensuring that each partner took from the marriage what they brought into it, which was a major issue for the upper classes.

Prenuptial agreements are now used by people of all economic backgrounds for the reasons listed above, as well as for a variety of other reasons. It is currently a common legal instrument used to guarantee that divorces are as quick and painless as possible.

Why Do You Need Prenuptial Agreements or Prenup?

A prenuptial agreement is not required to marry, so no one is obligated to obtain one. However, many couples recognize the benefits of having one in place and seek the assistance of an expert NYC prenup lawyer to draft one. So, under what conditions is a prenuptial agreement most advantageous?

The idea is to safeguard your assets in a divorce settlement, so consider your position before getting married. For example, if you operate your own business, anticipate a significant increase in income, or anticipate receiving a big inheritance, a prenuptial agreement may be your best option.

This is especially true if you have a lot more money than your potential spouse.

Prenuptial agreements are sometimes used when one spouse plans to support the other spouse while pursuing a college degree. In that situation, the agreement may specify the terms under which the assistance must be repaid, or it may specify additional concerns.

Likewise, one spouse may anticipate pursuing a degree or certification that would lead to more financially lucrative employment. A prenuptial agreement may be considered under a few different scenarios. Real estate, stocks, retirement funds, and other assets should all be protected from such a divorce settlement.

In addition, one spouse may have elderly parents or small children who rely on them for financial support. In such cases, they will wish to ensure that funds intended for them are not distributed in a divorce settlement.

What Prenuptial Agreements Cannot Do?

A well-planned prenuptial agreement can often restrict the length and breadth of a divorce court hearing. If property concerns are resolved in the agreement, there is no need to repeat those aspects throughout the divorce, resulting in a faster settlement.

However, several issues cannot be mentioned in a prenuptial agreement. If the marriage produces children, there will be custody, visitation, and support difficulties to resolve. Included in a prenuptial agreement may be a waste of time and resources because the terms and grounds for the divorce may have a direct bearing on what's best for the children.

In the end, it's up to the family court to decide what's best for any children involved, and there's no telling how that might change in the years between the prenuptial agreement's creation and the divorce.

Any aspects that do not directly deal with the distribution of property and finances should, in general, be left out of the prenuptial agreement. This type of error is prevalent in agreements created without the expertise of an experienced New York prenup lawyer.

While engaging a family law counsel may add to the cost, it may be worth it to ensure that the prenuptial agreement is not invalidated throughout the divorce process.

What prenuptial agreements CAN protect

  • Assets such as a home, real estate investments stock or retirement funds;
  • Gifts, inheritance and any property you may come to own in the future;
  • Business and professional practice;
  • The value of academic or professional degree (some people who get a degree during marriage are forced to pay part of its value to the spouse during divorce);
  • Any future increases in income.
  • Almost any other tangible property you may have.

What prenuptial agreements CANNOT protect

Prenuptial agreements in New York and New Jersey are not allowed to regulate issues relating to the children of the marriage, in particular, custody and access issues because it must be decided based on the "child's best interests."
Prenuptial Agreements are likewise not allowed to regulate child support because the amount of child support is highly regulated

Legal Fees

Type Of CaseFlat Fee
Prenup Drafting:$1,500
Prenup Review: $675

David Storobin

David Storobin

Former New York State Senator

David Storobin is a lawyer admitted to practice law in Federal, New York and New Jersey courts. He's a former New York State Senator and regularly appears on TV and radio as an expert, and has been quoted and profiled in all the major New York media, including the New York Times, Wall Street Journal, New York Post, Daily News, CBS, NBC, ABC.

Sen. Storobin earned recognition by being chosen for the "Super Lawyers" list, ranked in the top 2.5% of attorneys by Thomson Reuters, named "global legal expert" by Investor's Business Daily.

An experienced attorney, David Storobin has run The Storobin Law Firm for 17 years, worked for a prominent nationally-known criminal defense law firm prior to that, and was an intern for a New York Supreme Court Justice as a law student.

Call us for a free consultation

New York: (646) 350-0601 Long Island: (516) 701-2480

New Jersey: (973) 200-6420

Contact Us

Client Reviews

Mr. Storobin took my case when many attorneys had refused it as unwinnable. The case proceeded to enter a grueling trial and every day Mr. Storobin represented me with the utmost class and professionalism. Because of him I obtained all the objectives of my trial!

Eileen Perez

David took care of my DWI case. He made sure to negotiate the absolute bare minimum suspension period, and no criminal record. My criminal charges were dismissed, and I got the minimum DMV fines.

Jacob Rozen

I worked with David on a major criminal prosecution case in EDNY that we won. His infectious worth ethic and hard work encouraged the rest of the team to work harder for the benefit of our client.

Terrance Johnson, Esq.

David is a non-nonsense attorney who has a reputation for getting results.

Steve Brodsky

David Storobin is “a great asset to the legal profession” who “diligently represents his clients.”

New York Supreme Court Justice Joseph Silverman

David is intelligent and very professional. His courtroom demeanor and representation is superior.

Gene Berardelli

David is knowledgeable and well-versed in the field of law. After interviewing him, I felt honored to have him as a guest on my program.

Sean O’Mac, radio talk show host

David is a pleasure to work with and a true professional. The field of law would be a better place if all attorneys portrayed the same traits!

Anthony DiStefano

OUR ATTORNEY WERE RECENTLY PROFILED IN

All Storobin Law Firm PLLC attorneys have been praised by judges, other lawyers, the media and of course, our clients.