If you want a prenup, don’t delay the request

Photo of attorney Melinda L. Singer

Many people who want prenuptial agreements are a bit nervous to ask their potential partner to sign one. They procrastinate it and put it off. They’re worried that the other person is going to think that they’re already considering a divorce and then call off the marriage.

This is a choice that everyone has to make for themselves, but one thing to know is that you don’t want to put it off for too long. If you do, there’s a chance that your prenuptial agreement won’t hold up if you get divorced in the future.

Asking too close to the wedding can be problematic

The trouble is that a prenup is only valid if the other person really had time to think about it and decided to sign it on their own. They certainly need time to read the whole document and understand what they’re signing. You also can’t use any form of duress to pressure them into signing an agreement that they may not want to be part of.

By waiting until too close to the wedding, you eliminate the chance for them to really read it and consider the prenuptial agreement. That alone could be grounds for it to be thrown out of court. But even if they did read it and they did sign it, it could still be taken out of court if the wedding was so close that they were under duress. In other words, you can’t decide that you are going to ask for a prenuptial agreement the night before the wedding.

Getting contractual protections in place can protect everyone

A prenup may be very helpful in protecting your rights and your financial assets. Just make sure you know how and when to get this contractual agreement officially signed so that you don’t run into questions about its validity down the road.

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