When Should Prenups Be Signed?
There’s a lot of planning to do for a wedding, especially a sizable one. There’s finding a suitable date and location, food and entertainment options, and a wedding party to choose. Weddings today can easily take a year to plan and cost tens of thousands of dollars.
Somewhere on that list should be agreeing to the terms of and signing a prenuptial agreement. What should be your deadline for putting the final touches on prenuptial agreement and signing it?
Legally, case law in Florida has determined that prenups signed as late as two days before the wedding may not be valid.
The logic is that as a wedding date approaches and expenses mount, there may be pressure on the parties to execute the agreement. This could put unfair pressure on one party or the other and bring coercion into the equation. Delaying the signing of a prenup can bring a variety of unwanted elements into the picture.
As Tampa, Florida’s prominent prenuptial agreement firm, it is our policy that prenup agreements should be executed at least thirty days prior to a wedding.
As prenup and postnup experts, we want to make sure that when an agreement is signed, it will hold up in any court proceeding in the future. Prenups or postnups executed within a few days of a wedding simply aren’t a good look. It could appear that one party or the other was under duress at the time of the signing.
Beyond the legal ramifications, it is important for us to make sure both parties are educated about the agreement and understand its ramifications. We want our clients to understand that this is a legal agreement made in good faith and through free will. A thirty-day window also helps assure parties that they are comfortable with the agreement and allows at least some time for any last minute adjustments.
Perhaps most importantly, is the fact that, once a prenup is agreed to, the couple can focus on the events surrounding their wedding day. They can at least attempt to enjoy the last-minute planning processes and their wedding knowing that their prenup has been executed.
A hurried, forced, or pressured prenuptial agreement serves no one. It may not even hold up through future litigation. It is important that a couple take the time and give thought in constructing a prenup that is based on trust, transparency, and fairness.
If you have questions about prenuptial agreements, what should be included, and how they can benefit a marriage, contact us. We believe prenups are a common-sense, practical way to prepare for weddings today, and we would appreciate the opportunity to explain why to you. Contact us for a no-obligation initial consultation. We’ll answer your questions and discuss your situation. This is particularly important if you have significant assets. Reach out today and get started.
If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law in Tampa, Florida such as high asset divorce you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].
We now offer virtual prenuptial agreements. Contact us to inquire further about our virtual prenup option.