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Can you draft a prenup the day before the wedding?

On Behalf of | Jan 15, 2016 | Prenuptial Agreements

You may not have cold feet the day before you get married, but you may start considering all of the ramifications of the marriage and wondering what you can do to protect yourself. That could quickly lead you to the idea of a prenuptial agreement, which is a legal document that can essentially lay down some ground rules for a divorce—saying which assets go to you and which go to your spouse, for example.

A prenuptial agreement can be a great tool to use in Florida, but you should know that you typically don’t want to draft one right before your wedding. If it’s too close to the day, it may not hold up in court if you ever need it.

The reason for this is that a prenup can’t be legally signed if the other party is under emotional distress. Springing it on him or her at the last second could qualify as emotional distress.

Think of it this way: Your soon-to-be spouse has probably been planning for this day for months and perhaps years. People are coming to town or are already in town. A lot of things have been set up and purchased, and much of it can’t be returned.

Therefore, your spouse may agree to a prenup that he or she actually does not approve of just to make sure the wedding isn’t cancelled. The embarrassment of calling things off with everyone in town could be too much, right before such a big day.

You may not have intended to create this emotional distress, but a court may not see it that way. Be sure you know when and how to legally draft a prenup.

Source: CNBC, “Why Your Prenup May Need A Postnup,” Shelly K. Schwartz, accessed Jan. 15, 2016