Prenuptial Agreements and Divorce in Buffalo: What You Need to Know

Life happens fast. You fall in love. You get married. You hope for the best. But sometimes, even with the best intentions, things don’t go as planned. More couples in Buffalo are looking at prenuptial agreements not because they plan to split up, but because they want to be clear from the start. They want peace of mind. A prenup doesn’t mean you think your marriage will fail. It just means you both want to protect what matters most in case life takes a turn.

What a Prenup Really Is and Why It Might Make Sense

A prenuptial agreement is a written contract between two people who are about to get married. It talks about what each person owns now and what would happen to those things if they ever got divorced. It can also talk about debts and who would be responsible. Some couples use it to set rules for spousal support. It’s a tool for planning, not for picking a fight. In Buffalo, these agreements can help protect family businesses, houses, retirement plans, and even pets.

How Divorce Courts in Buffalo Look at Prenups

When a couple in Buffalo files for divorce, the court does not automatically follow a prenup. The judge will first check if the prenup was fair when it was signed and if both people understood it. If one person was pushed into signing or didn’t have a lawyer, the court might throw it out. But if both people had a say, the court will usually respect it. Buffalo courts follow New York state law, and that law is clear: prenups must be honest and fair.

What Happens Without a Prenup

If you don’t have a prenup and you get divorced in Buffalo, the law steps in. New York follows something called “equitable distribution.” That means the court will divide everything you earned or bought during the marriage in a way that it thinks is fair. It might not be 50/50. It might be more for one person than the other. The judge will look at things like how long you were married, what each person gave up for the marriage, and who took care of the kids. If you want more control over what happens, a prenup gives you that.

When to Bring Up a Prenup Without Hurting the Relationship

It’s not always easy to talk about a prenup. Some people feel like it’s not romantic or it means you don’t trust the other person. But it can be just the opposite. When couples talk about money and plans early on, they often avoid bigger problems later. The best time to bring it up is well before the wedding, when there’s no stress or time crunch. It’s smart to have separate lawyers and take your time. A prenup should be something you both understand and agree on.

Can You Change a Prenup After You’re Married

Yes, you can. In Buffalo and across New York, you’re allowed to change your prenup or even cancel it after you’re married. You’ll need to do it in writing and sign it just like you did with the first one. Some couples also create a new agreement after marriage, called a postnuptial agreement. It works much the same way. Life changes—jobs, kids, new homes—and your plan can change with it.

What to Do If You’re Going Through Divorce and You Have a Prenup

If you’re already in the middle of a divorce in Buffalo and you had a prenup, the first step is to show it to your lawyer. Your lawyer will help you figure out if it’s valid and how it affects things like money, property, and support. Some prenups are strong and stand up in court. Others have problems, like missing signatures or unclear language. Don’t assume anything. Get someone who knows the law in Buffalo to take a close look.

The Bottom Line for People in Buffalo Who Want to Plan Ahead

A prenuptial agreement doesn’t mean your marriage is weak. It means you’re thinking ahead. It’s like having a fire escape plan. You hope you’ll never use it, but you’re glad it’s there. Whether you’re just getting engaged or already facing divorce, knowing your rights in Buffalo can take away a lot of fear and guesswork.

What Happens to a Prenup When Kids Are Involved

Many couples in Buffalo ask if a prenuptial agreement can cover future child custody or child support. The short answer is no. New York courts will not enforce any part of a prenup that talks about who gets the kids or how much someone will pay in child support. That’s because the court always puts the child’s best interest first. A judge decides what happens with the children at the time of the divorce, not years before in a contract. Even if both parents agree on something in the prenup, the court can change it later.

That doesn’t mean your prenup has no value if you have kids. It can still protect your money, property, and even make a plan for how things are handled during a split. But when it comes to kids, the judge always has the final word.

What to Know if You're Getting Married Later in Life

Prenups aren’t just for the rich. More older adults in Buffalo are getting married or remarried and using prenups to protect what they’ve worked hard to build. This might include a home, a retirement account, or inheritance for their children from a first marriage. When you marry later in life, you often come into the relationship with more to protect. A prenup can make sure those things stay with you if the marriage ends. It can also help make things easier for your children down the line.

Why Fairness Matters More Than Anything

If your prenuptial agreement feels one-sided, it might not hold up. Courts in Buffalo will look at whether both people were honest about their money and had a fair chance to review the agreement. If one person had a lawyer and the other didn’t, or if one person hid money or rushed the other into signing, the judge could throw it out. A prenup only works if both people were treated fairly. That’s why it's smart to start the process early and take your time.

What to Expect When a Judge Reviews Your Prenup

Not all prenuptial agreements survive a divorce. A judge will look at when and how it was signed. Was there pressure? Was the agreement clear? Did both people know what they were signing? Did it follow New York law? If the answer to these questions is yes, the judge will likely follow the agreement. If something seems off, the court might only follow part of it—or none at all. That’s why details matter.

Talk With a Lawyer Who Knows Buffalo

Every marriage is different. Every divorce is different. And every prenup should be written with care. If you’re thinking about a prenuptial agreement or going through a divorce in Buffalo, talk to someone who knows how things work here. At Friedman & Ranzenhofer, PC, we’ve helped people all over Western New York understand their rights and protect what matters. Let’s talk. Let’s make a plan that works for you.