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How long before a marriage can you ask for a prenuptial agreement?

On Behalf of | Aug 3, 2021 | Prenuptial Agreements

If you are thinking about getting married and have debts or assets that could influence your spouse’s life in the future, you may be thinking about getting a prenuptial agreement. A prenuptial agreement is a great way to protect yourself against your spouse’s debts and to make sure that your separate assets remain your own. This works in the reverse as well, which is why couples may choose to enter into a prenuptial agreement together.

The one thing you do need to know about a prenuptial agreement is that you need to give the other party enough time to think about the contract before signing it. If you don’t give them long enough to read it over, speak with an attorney and ask for revisions, then it could end up being thrown out in court in the future.

Why does it matter how long your soon-to-be spouse has to read the prenuptial agreement?

The last thing you want in a divorce is for the judge to agree that you coerced your spouse into signing a prenuptial agreement by giving them little to no time to review it before your wedding. For example, if you give your spouse a prenuptial agreement the night before your wedding, they may feel pressured to sign even if they don’t agree with it.

It is reasonable to give your fiancé at least 30 days to review a prenuptial agreement. That way, if you do need to negotiate or make changes, you’ll have time to take the prenuptial agreement back to your attorney and vice versa.

Does a prenuptial agreement signal bad things to come in the future?

Not at all. It does, however, give you the opportunity to find out more about your spouse-to-be’s income, assets and wishes if you do decide to divorce in the future. This is a great way to protect both of your interests and to work out a settlement ahead of a divorce should that ever occur.

The right prenuptial agreement helps both parties feel good about entering into the marriage, because they know that they can exit while protecting themselves. You just need to make sure you have plenty of time to discuss it.