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Does it matter when you ask for a prenup?

Posted by Sunnen Law | Aug 13, 2022 | 0 Comments

You know that you want to use a prenuptial agreement when you get married. You have yet to discuss this with your partner. It feels a bit intimidating to bring it up. But you know that you want to protect your assets and that this is a good way to do it.

What you're wondering is if there is a specific time when it would be best to ask for the prenuptial agreement. Are there any deadlines that you have to consider?

Time before the wedding is important

There's not technically a deadline for a prenuptial agreement, but it is important to note that the timing does matter. Specifically speaking, you don't want to draft a prenuptial agreement too close to the wedding date. Doing so could mean that the prenup is later invalidated.

For example, you could ask your partner for a prenuptial agreement two days before the wedding. They may sign it, but they could claim later that they were under duress. They had already invested a lot of money in the wedding, and they knew they would lose that money if they refused to sign the prenup and you called off the marriage.

Even if they don't argue that they were under duress, they could claim that they simply didn't have enough time to rationally consider everything that was included in the prenup. They could say that the pressure of this deadline made them sign a document that they never agreed with.

You can see why it's so critical to get everything right, from a legal perspective, when making a prenup. Be sure you know what steps to take and when to take them.

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