We hear this ALOT!
Unfortunately, this is many times asked a week before the wedding ceremony. This is not a great timeframe for us to draft the prenup. We may be looking at drafting a postnuptial agreement if you come to us so close to the wedding. The court is looking out for the timing of the agreement and if there was discovery exchanged and if both parties had the ability to knowingly and voluntarily enter into the agreement (among other requirements) so with the prenups that are presented to the other-side the day of on the exchange of vows, well, those are not necessarily a great idea!
So, when should I get a prenup?
OK. Let’s get back to the timeframe! How about call your attorney (or look for an attorney) 6 months prior to the wedding ceremony.
6 months prior!
Yes! 6 months before the wedding ceremony is a good rule of thumb for William S. Foley, PA. That gives us adequate time to ensure your soon-to-be-spouse has an attorney, discovery is exchanged and that we can properly negotiate a prenuptial agreement with time to spare prior to your wedding ceremony.
So the earlier you begin, the more likely your agreement will stand up. This is not to say your agreement can’t be drafted close to the wedding, but again those need to be handled carefully with proper precautions that need to be made in order to ensure that your agreement will stand up if challenged in the future.
So, make it easier on yourself and as a part of your wedding preparations….venue – check, linens – check, honeymoon booked – check —> prenup lawyer — Check it off today!
(813) 272-2345 for any questions.