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Why timing matters when signing a prenuptial agreement

On Behalf of | Dec 5, 2024 | Prenuptial Agreements

When it comes to prenuptial agreements (prenups), many people focus primarily on the terms of the agreement itself. However, timing is an equally crucial consideration, as it could make or break your prenup.

Signing a prenuptial agreement too close to the wedding can lead to complications that could render it invalid or unenforceable, potentially leaving you exposed to unwanted consequences. Here’s more on why timing is key.

A last-minute prenup can imply duress

Courts may interpret a prenup signed at the eleventh hour as being signed under duress or pressure to proceed with the wedding plans. The sense of urgency in such a situation can create doubts about whether both parties agreed voluntarily. To avoid these complications, it’s advisable to sign a prenuptial agreement well in advance of the wedding date.

Allowing time for independent legal counsel

Both parties to a prenup should have ample time to review the agreement and seek counsel before signing it. This ensures they fully understand their rights and obligations. A prenup may not be enforceable if one party is rushed to sign without fully understanding its implications.

Circumstances may change

Your financial or personal circumstances may change over time. If you sign a prenup too early without considering potential changes, like future inheritances or a significant career shift, the terms may no longer reflect your situation. It underscores the need to regularly review and update a prenup before formalizing your marriage.

Poor timing and rushed decisions can be your undoing when all you want is to protect your assets and set clear expectations for your future with a prenuptial agreement. Learning more about how prenups work and seeking proper legal guidance is essential to ensuring the agreement is valid, fair and tailored to your needs.