Full question:
My wife and I have a prenuptial that was initially worked upon three months in advance but was not signed until 1 week before we were married. It has a sunset clause in 10 years. We have been married for 4 years. It is her second marriage;my first. We are 53 yrs old. Will it hold well if we were to divorce because of when it was signed? I asked her to delay marriage but she was dead set against it; it was a destination wedding.
- Category: Marriage
- Subcategory: Premarital Agreements
- Date:
- State: National
Answer:
I am prohibited from giving a legal opinion. Generally, a prenuptial agreement will be enforced if the court finds it isn't blatantly unfair. This is a subjective determination made on a case-by-case basis, taking all the facts and circumstances into account. One of the defenses that may be raised to contest a prenuptial agreement is duress. The time that the agreement was signed may be a factor in finding that a party signed the agreement against their own free will. Most jurisdictions do not specify a particular time frame, however, the farther in advance the couple has to review and consider the provisions of the agreement, the more chance a court would find it voluntary. While an agreement proposed and signed a day or two before the wedding is not automatically invalid, it may be a factor, which the court considers in deciding whether to uphold the agreement at a later date. If the couple has had a significant period of time to consider the agreement before signing it, the court will be more likely to find it was not signed under duress.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
