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Why you shouldn’t ask for a prenup at the last second

On Behalf of | May 3, 2024 | Family Law |

In some cases, people will consider a prenup for months, but they’ll only bring it up at the last second. For instance, they may feel nervous about talking to their spouse about how they want to use a prenuptial agreement. But as the wedding gets closer, they realize that they need to take action to get the documentation in place.

If you’re considering this, keep in mind that it’s best to ask for a prenup as far before the wedding as you can. Ideally, you and your future spouse should talk about it months or even years before the wedding. This is not something that you should bring up a few days before you tie the knot.

It could invalidate the prenup

In some cases, talking about the prenuptial agreement at the last second could make it invalid. Your spouse may claim that they didn’t have time to read the prenup or consider all of the provisions. They simply signed it because the wedding was coming up quickly and they didn’t think they had any other choice. But they weren’t aware of what they were signing and so they don’t think it should be legally binding.

Additionally, asking for a prenup at the last second can be seen as a form of coercion, manipulation or duress. It puts direct pressure on that person to sign the prenup because of the potential embarrassment and cost of calling off the wedding at the last second. But this may mean that they didn’t sign it of their own free will, so they won’t be bound to it.

When drafting a prenup, it’s very important to make sure that it is done correctly so that it actually stands if you get a divorce. On both sides of that equation, be sure you are well aware of the legal options you have.