The Importance Of Planning Early For A Prenuptial Agreement

January 11, 2024

It is very important to plan early in the development, negotiation, and signing of a Prenuptial Agreement.  While conversations surrounding the negotiations of a Prenuptial Agreement are very uncomfortable, delaying the process could be a very dangerous and costly approach.

Waiting until the last minute could result in a Court deeming the Prenuptial Agreement invalid at time of divorce.

Although the law says that Prenuptial Agreements are to be treated the same as any other contract, they clearly are not. The reason is that much emotion and unequally distributed power typically surround the development of a Prenuptial Agreement.

Most often, it is the party with the vast majority of the money who wants the Prenuptial Agreement.  They are the ones who hire attorneys to draft the Agreement.  Also, it is the less-monied spouse who is scrambling to find a lawyer to represent them, only to find out that the lawyer tells them not to sign the Agreement, tells them that they are entitled to much more under the law, and warns them that they are giving up way too much. This scenario accompanies most Prenuptial Agreements. It is extremely vital for both parties to secure counsel to draft and review the Agreement because this could be the most important document ever signed by the parties.

Waiting until the last minute places an Agreement’s viability in jeopardy. The closer to the wedding date that the Agreement is signed, the more precarious the Agreement. The failure of allowing adequate time to consider the Agreement, retain, consult with, and negotiate through an attorney, are all potential defenses raised when challenging the validity of a Prenuptial Agreement.

Proper planning easily avoids these problems.  The best method is to negotiate and sign your Prenuptial Agreement before even setting a wedding date.

It is important to meet with an attorney early on to understand what goes into the drafting of a Prenuptial Agreement. Beginning the uncomfortable conversations early on will lead to a much easier road leading up to the wedding date.

Related Posts