Last month, Bellevue divorce attorney Molly Kenny stopped by Seattle’s morning talk show New Day Northwest to discuss pre-wedding legal issues. One question Kenny answered was in regard to prenuptial agreements: how long before a marriage should you discuss a prenuptial agreement with your future spouse?
The sooner that you speak to your partner about creating and signing a prenuptial agreement, the better. Six months out from your wedding date is a great place to start. Why do you need to think about this legal document this early?
- Prenuptial agreements need to be freely and fully negotiated. If your document ever comes into question, the judge will want to verify whether both parties were part of negotiations and how long details were discussed. If your agreement was drafted and signed very quickly before the wedding, it may be found invalid in court.
- You need time to get full disclosure. Each future spouse should have a full and detailed look at his or her partner’s assets, debts, and financial situations.
- No one should feel pressure. The sooner you speak about a prenuptial agreement, the more likely your partner will have time to get comfortable about the idea and figure out what they want the agreement to look like.
- You need time to draft the document. Getting a lawyer, negotiating the contract, and drafting the document takes time and planning.