When is the best time to sign a prenuptial agreement?

Full question:

I am planning to marry a Nicaraguan lady in Nicaragua in 8-10 months. She will obtain a green card and move to the United States. Four years from then she will be eligible for US citizenship. when should a pre-nuptial agreement be signed?

  • Category: Marriage
  • Subcategory: Premarital Agreements
  • Date:
  • State: National

Answer:

Generally, a prenuptial agreement may be signed anytime before the marriage ceremony. The time needed to draft and sign a prenuptial agreement depends on the complexity of the couples' finances and the amount of negotiation necessary for agreement. In interpreting agreements, the fairness and voluntariness of the agreement may be affected by the nearness of the date of signing to the date of the marriage. The parties should have time to consult independent legal advice and reflect upon their actions to avoid the appearance of duress due to a threat of cancelling an already scheduled cermony.


Different states have different laws regarding how prenuptial agreements are construed, so if a couple signs a prenuptial agreement in one state and moves to another state, the agreement might not be interpreted the same. Any time you change jurisdictions, you must verify that your legal documents are valid in the new state where you live.

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.

FAQs

Yes, USCIS has implemented stricter scrutiny on marriage-based green card applications in recent years. This includes more thorough reviews of the authenticity of marriages, requiring additional documentation to prove the legitimacy of the relationship. Applicants may need to provide evidence such as joint bank accounts, shared property, or photos together. It's essential to stay updated on these changes and ensure that all documentation is in order to support your application.