Prenuptial agreements are increasingly common, but they are still a sensitive subject. It isn’t unusual for the topic to be raised close to the wedding day or negotiations to take significant time. That can potentially cause problems. If you and your fiancé are signing a prenup the day before the wedding, whether it is legally valid depends on a few key points.
What Are the Requirements for a Valid Prenup?
Prenuptial agreements are contracts between future spouses, and judges give the parties leeway to decide the terms of their agreement. Absent fraud, duress or terms that are so unfair as to be unconscionable, a prenup generally is enforceable.
To avoid a claim of fraud, duress or unconscionability, the parties must take or avoid certain actions. For example, the prenup is only valid to the extent that the parties fully disclose their finances. Therefore, financial information should not be concealed or misrepresented. In addition, neither party should threaten or coerce the other into signing.
The prenup also shouldn’t be rushed. If the agreement is later challenged, the judge will consider whether both sides had ample time to review, negotiate, contemplate and understand the terms of the agreement and speak to an attorney and other trusted advisors before the document was signed. This is particularly true if there was a significant difference in bargaining power between the parties or the terms were very one-sided.
Is a Prenuptial Agreement Signed the Day Before the Wedding Valid?
A prenup can be signed the day before the wedding and still be legal and enforceable. The actual signing is a ministerial act and doesn’t make an agreement valid or invalid. What matters is whether the requirements were met. Did the parties have sufficient time to freely negotiate and review the agreement and discuss it with an attorney and other trusted advisors before signing? If the answer is yes, then the prenup is valid even if signed on the wedding day.
When Should You Raise the Issue of a Prenuptial Agreement?
Ideally, discussions about a prenup should start at least 6 months before the wedding. Negotiations can be difficult and emotional. The couple may need time to make decisions.
One of the benefits of a prenup is that it forces couples to discuss their finances and marital and lifestyle expectations before they get married. These conversations can be very revealing and make their relationship stronger once they resolve the issues that come up. Couples who have prenups reduce a major cause of conflict after marriage, which is money.
If you’re getting married and considering a prenup, don’t wait until you get close to the wedding. Contact our firm to learn how we can help you achieve a positive agreement.
