Considering a prenuptial agreement, but not sure whether or not you need a lawyer? You’ve come to the right place. For starters, congratulations on the engagement and the first steps towards financial security and marital harmony through a prenuptial agreement. The law in New York on prenuptial agreements can be tricky, but we help break down this area of law to make it easy to understand. Let’s get into everything you need to know about hiring lawyers and whether or not you need to in New York State.
Do I need to hire a lawyer for a valid New York prenup?
One of the most common questions we get is, “Do I need an attorney for a valid prenuptial agreement in New York?” And the answer is complicated. Technically, you do not need a lawyer for a valid and enforceable agreement, but it can be exceedingly difficult to craft a valid contract in New York without one. For example, as of January 2025, New York prenuptial agreements with spousal support waivers must include exact calculations. (See J.M. v. G.V., (N.Y. Sup. Ct. 2025)). This can be an incredibly difficult task for a non-lawyer.
However, case law in New York has repeatedly demonstrated that there is no requirement under the New York prenuptial agreement law DRL § 236 (B)(3) that says hiring a lawyer is a requirement for a valid prenup. (See E.K. v. C.K., (N.Y. Sup. Ct. 2022). But, creating one without a lawyer can be risky if the parties do not execute the agreement properly (financial disclosure, notarization, alimony calculations, etc.). In addition, the presence or absence of a lawyer may be one factor (of many) in determining enforceability.
Do both parties need a lawyer, or can just one party hire a lawyer?
Another frequently asked question is whether just one party can hire a lawyer. Yes, it is not a strict requirement for both parties to have a lawyer, so one person may hire a lawyer and the other person may decide against getting a lawyer. In fact, courts have routinely upheld prenuptial agreements where there was only one lawyer. (See E.K. v. C.K., (N.Y. Sup. Ct. 2022); Werther v. Werther, (N.Y. Sup. Ct. 2005)). The absence of a lawyer—whether for one party or both parties—isn’t enough, without more, to set aside a prenuptial agreement in New York.
However, some attorneys will not work with clients whose partner is not represented due to a liability issue. Even though a lack of attorney representation alone isn’t enough to get a prenup thrown out in New York, it still can raise questions of enforceability if there is a challenge to the agreement down the road.
Can one partner pay for the other partner’s lawyer?
Yes. One partner may pay for their fiancé’s legal fees for a prenuptial agreement. In fact, there is a recent case from 2017 that dealt with this exact issue (S.G. v. N.G., 71 N.Y.S.3d 924 (N.Y. Sup. Ct. 2017)). The court there said that just because one party pays for the other party’s lawyer to a prenup doesn’t (by itself) void the prenup. The court emphasized that the wife in this case had plenty of time to consult with a lawyer, she acknowledged her representation and voluntariness in the agreement, and she failed to present sufficient evidence of coercion or unconscionability.
Can we share one lawyer for a prenup?
No! You and your fiancé cannot share a lawyer. This is an ethics question and generally, the rules of professional conduct for attorneys prohibit conflicts of interest, which, in turn, prohibit lawyers from representing opposing parties in the same contract. This creates a conflict of interest for the lawyer because they are simultaneously trying to advocate for both sides, whose interests may not be fully aligned, even if the couple agrees on most terms.
For example, let’s say you want to waive alimony, but your fiancé isn’t sure. One lawyer can’t advise you to push for the waiver and advise your fiancé on whether giving it up is a good idea—that’s a direct conflict. You each need your own lawyer to get unbiased advice.
However, if you and your fiancé want to mediate the terms of your prenup, that can be something that you work through together with the assistance of a neutral family law mediator. You may want to each have an independent lawyer review it, though, for all the reasons mentioned in this article.
Do we need lawyers if we’re using an online prenup?
While lawyers are not required, it’s always recommended that you get one anyway, especially if you are waiving spousal support in your prenup. You can always hire a lawyer to review your online prenup to ensure it’s state-law compliant, meets your needs, and to answer any questions you may have. Having your own lawyer also helps protect against claims of unfairness or misunderstanding down the line. Remember, in New York, when evaluating fairness, a court may consider the presence or absence of a lawyer as one factor in determining the enforceability (though this fact alone is not enough).
The bottom line on attorney requirements for prenuptial agreements in New York
There you have it—while hiring a lawyer isn’t per se required in New York for a valid prenuptial agreement, it is highly recommended and often very difficult to craft an enforceable agreement without highly specific legal knowledge. And, no, both parties don’t need to have a lawyer either. But they cannot share one lawyer. The same rules apply for online prenups or templates. We hope this helps clear up any confusion around the legal requirements for prenup attorneys in New York. Happy prenup planning!
David M. Gross of Gemelli Gross Shapiro & Marino has been helping folks with their prenups since 2007. Whether it’s drafting, reviewing, negotiating, or mediating a prenup, David loves to help close the deal so that you can get back to the more fun parts of planning and celebrating.
David believes strongly that the tough decisions should be made when you love and trust each other, rather than when you’re at each other’s throats in the midst of a sticky divorce. As both an experienced family law litigator and mediator, he knows that a few minutes and a few dollars spent today can save hundreds of hours and tens of thousands of dollars later.
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