Does it matter when you ask for a prenup?

Posted by Adrian S. Doty, Esq. | 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.

About the Author

Adrian S. Doty, Esq.

Adrian Doty is a Senior Associate Attorney at Sunnen Law. Mr. Doty began his legal career working as a civil litigation attorney in Los Angeles before moving to the Bay Area in 2014 where he gained complex civil and family law litigation experience working for one of the largest family law firms.He has experience with a variety of complex Family Law matters, including complex and high-net-worth case matters custody and visitation disputes, contempt and post-judgment enforcement, military-family law issues, and domestic violence restraining orders. Mr. Doty understands how emotionally difficult family law matters can be, which is why he is dedicated to the efficient management of his client's cases. While he always works to achieve settlements through negotiation when possible, he aggressively litigates to protect his clients' interests when necessary. 


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