Forget about the last-minute prenup

A prenuptial agreement, as important as it is, often becomes something that is all too easy to put off. Maybe you want to ask your soon-to-be-spouse for one, but you're worried about the way they'll react. Therefore, you keep delaying. Finally, when the marriage is a week away and you can't put it off any longer, you bring it up.

You may already have made sure that the prenup will not hold up in court. That's the problem with the last-minute prenup. It's too close to the wedding, and that can force your partner's hand. That's a type of duress, and your spouse can argue as such in court if you get divorced.

Think about it from their perspective. You have wanted the prenup for months, but they had no idea. It would be embarrassing to cancel the wedding a week before. It may cost a lot of money to cancel. They'll sign the prenup just to make sure they get married, even if they don't want to -- or don't have time to read it or consider the implications.

If you and your spouse divorce, you'll bring out the prenup, but that's when they'll point out that they didn't read it, didn't understand it, didn't have time to consider it or that they only signed because they were under duress. And then the judge will throw it out.

This is one of the most common prenup mistakes. It's important to avoid as many as possible. An experienced attorney can help you draw up a prenup or review one that your partner has drawn up with their attorney.

No Comments

Leave a comment
Comment Information

Hear From Our Clients

Mr. Skolnik and Mr. Gaboury have represented me on multiple cases over the past two years. They are dependable, knowledgeable, and professional. They provided high quality legal guidance for my small business during a difficult time and brought me a peace of mind. I highly recommend Cox Padmore Skolnik & Shakarchy as your legal business representative. -Anonymous

Read More Reviews

Contact Us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Tap To Request An Exploratory Consultation

New York Office
630 Third Avenue
23rd Floor
New York, NY 10017

Phone: 646-355-1648
New York Law Office Map

Great Neck Office
98 Cutter Mill Road
Suite 310N
Great Neck, NY 11021

Phone: 646-355-1648
Great Neck Law Office Map

Hackensack Office
27 Warren Street
Suite 304
Hackensack, NJ 07601

Phone: 646-355-1648
Hackensack Law Office Map

Denver Office
1060 Humboldt Street
Denver, CO 80218

Phone: 646-355-1648
Denver Law Office Map