The Prenuptial Agreement, Part II

Yesterday, we discussed some of the most common situations in which couples should consider the creation of a Prenuptial Agreement. If you think a Prenuptial Agreement makes sense in your situation, the next question is when the topic should be broached and the documents prepared.

On the bridge
(Photo credit: rmlowe)

The answer, to put it bluntly, is โ€œthe sooner, the better.โ€

Even though it may be a sound financial decision, broaching the idea of a Prenuptial Agreement is obviously a delicate situation. The person who brings up the subject may be seen as lacking trust in their mate. The natural inclination to put off discussing it.

Donโ€™t.

Broaching the subject as early as possible gives you and your intended spouse the time to discuss it at length and come to an understanding. This is infinitely more preferable than, say, approaching your beloved a few days before the wedding and saying something like โ€œOh, by the way darling, my lawyer says I need you to sign this.โ€

In addition to the shock involved in such a last-second approach, there are sound legal reasons to address the topic as soon as possible. Chief among them is that doing so avoids the appearance of coercion, which renders some agreements null and void.

We believe that a Prenuptial Agreement should be signed, at the very latest, one month before the wedding, and before any invitations are sent out. Also, each party should have his or her own attorney involved in the design and review of the Prenuptial Agreement.

If you think a Prenuptial Agreement is right for your particular relationship, contact us today at (626) 696-3145 for a consultation.

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