Timing is everything in marriage, whether it’s your wedding date, the decision to start a family, or any other milestone in your married life. Incidentally, the same is true for signing your prenuptial agreement (prenup).
A prenup is a contract that indicates how you and your spouse will divide marital assets and obligations if your marriage fails. You can sign the prenup any time before the wedding; there is no deadline. However, signing the contract too close to your wedding date can raise questions about its validity.
Closer isn’t always better
Generally, a prenup is enforceable if it meets several requirements, including:
- It is in writing
- The terms are clear and lawful
- It contains the couple’s signatures
- It was signed before the wedding
As in most contracts, you and your spouse must sign the prenup willingly and under no coercion or duress. It’s crucial that no one threaten, force, or manipulate you into affixing your signature.
If you sign your prenup too close to your wedding day, such as the night before or on the day itself, it might seem as though you had little time to review the terms in the contract. The court might express concern that someone deceived, cornered, or threatened you into signing and, thus, they may refuse to honor your prenup.
A good time to sign
Consider drafting and signing your prenup a few weeks before your wedding. This gives you ample time to review the contract’s terms, as well as negotiate and make revisions should you and your partner change your minds.
If unsure, you may also ask your lawyer to look closely at the contract’s terms and the signing process. Doing this may decrease the risk of future trouble and will help ensure your prenup is binding.