When it comes to prenuptial agreements, timing is important. One of the biggest things you want to consider is the time between the signing of the prenup and the wedding itself.
One potential reason that a prenup may be deemed invalid is if there is “no time for consideration.” This means that the person did read it — not reading it is another common issue — but they didn’t have time to think about what it meant or the ramifications of signing. Without that consideration, they may have felt forced into a decision that was not in their best interests.
For example, imagine that it is the Friday before your Sunday wedding. The venue is booked. The bill for the food and drinks has been paid. Everyone is in town. Friends and family have flown in from all over the country. Then, your future spouse comes up to you after the rehearsal with a prenuptial agreement. They say they meant to bring it up earlier, but they forgot, and now they just need you to sign.
You can argue that two days is not nearly enough time to really think about it. You may not even have had time to contact your lawyer. Plus, even after you read it and sign it, you can also argue that the timing put you under duress. You would have faced a lot of embarrassment and a notable financial loss if you refused to sign the document and the wedding was called off as a result.
Prenuptial agreements are useful. Just make sure you know exactly how they work and what legal options you have before you sign one — or after you signed one under some kind of duress.