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Why is the timing of a prenuptial signing important?

On Behalf of | Jun 24, 2020 | Divorce |

Like many couples, you may have recognized that you and your spouse might agonize over many issues in a possible divorce and have signed a prenuptial agreement that addresses them. When you have signed your prenup, however, might play a role in whether a judge enforces it or not. 

Judges do not enforce all prenuptial agreements. Some spouses challenge the validity of a prenup if they feel the agreement is unfair. As Forbes explains, if you and your spouse sign a prenuptial agreement too close to your wedding date, a judge may decide not to enforce your agreement. 

Concerns about duress 

Couples can sign a prenuptial agreement just about any time before heading to the altar. However, if a judge believes you or your spouse did not have enough time before the wedding to review the document, the judge might conclude that you or your spouse did not understand what you have signed. 

The timing of the prenup signing also matters because a judge may determine that a spouse signed the prenup under duress. With the wedding date fast approaching, some spouses feel they must sign the document or risk delaying or cancelling the wedding. As a result, the pressured spouse may overlook much of the document and not know what it contains. 

Lack of consultation 

Even if you and your spouse have the best of intentions when signing a prenup close to your wedding date, a judge may still have problems with your prenup if the document does not comply with state law. For instance, judges generally do not allow prenuptial agreements to dictate issues like child support or custody. To make sure a prenup passes legal muster, many couples take the time to consult with a family law attorney before composing and signing a final agreement.