March 31, 2016
Considering a Prenuptial Agreement?
If so, don’t allow fear about raising the topic with your future spouse stop you from dealing with this well before your wedding day. Delay can jeopardize the enforceability of the prenuptial agreement. An unenforceable agreement can result in even more divorce conflict, time, and expense than if you never had a prenup in the first place.
Why is timing so important? Because generally, the more time that passes from the date the prenup is signed to the wedding date, the more likely it is that the prenup will be enforced by a court if either spouse ever challenges it.
The law doesn’t specify a bright line time test. But your goal should probably be finalizing and signing the prenup at least three to six months before the wedding.
There are other benefits as well to signing your prenuptial agreement long before your big day. In my experience, having the benefit of working through the prenup process without feeling under the gun, it’s:
- More likely the prenup will be fair, well thought out, and voluntarily honored by both spouses, and
- Less likely the prenup process will interfere with the joy and fun of your wedding.
If your wedding is already scheduled for this coming summer or fall and you and your future spouse plan to enter into a prenuptial agreement but haven’t yet done so, beware – time is of the essence. But even if the wedding date is later or hasn’t been set yet, it’s probably not too early to start the prenup process. In either case then, go ahead – have the, perhaps difficult, discussion with your future spouse. Then retain experienced lawyers to educate, advise, and advocate for each of you.
Remember – it’s never too soon for the prenup.
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