For some couples, prenuptial agreements can be a rather contentious conversation. Even though some experts argue that a prenup can make a marriage stronger, some people are still averse to the idea or concerned about bringing it up with their prospective spouse. This leads them to procrastinate until right before the wedding, when they finally decide it’s time for that conversation.
But this can be problematic on a few levels, and not just because the couple isn’t communicating very well. It could even mean that a prenup would be invalid. Why does waiting or procrastinating potentially invalidate this important document?
The necessity of planning in advance
The reality is that a prenuptial agreement needs to be part of the plan well in advance of the wedding. Asking for it at the last second means that your partner may not have time to read it. If you then get divorced, they will accurately claim that they weren’t given time to consider the document or that they signed it without ever reading it at all.
You may point out that they still did sign it, so shouldn’t they be legally bound by it? But the second issue is that waiting until the last minute puts pressure on your spouse to sign. The court may believe you did this intentionally to manipulate them.
For example, maybe you thought they would reject the idea of a prenup if you asked for it six months before the wedding, but you knew they would likely sign the document if you waited until a few days before. The pressure of the upcoming wedding – and all the money that had already been spent on it – would be too much. This outside pressure can also invalidate a prenup.
It is true that prenuptial agreements can be very useful, but this helps to show how they may also be fairly complicated. Be sure you know exactly what steps to take when setting one up.