How Long Before a Wedding Should a Prenup Be Signed?

You and your partner should sign a prenup 1 to 3 months before your wedding. Signing too close to the wedding may lead to potential problems.

If you’re looking to get a prenup, the general advice is to start the process early. But how early is early enough? And most importantly, exactly how long before a wedding should a prenup be signed?

Ideally, you and your soon-to-be spouse should sign a prenup 1 to 3 months before the wedding date. However, the exact time to complete a prenuptial agreement depends on where you live because the laws about these matters vary between states. In any case, it’s usually a good idea to finish everything about the agreement and have it signed well ahead of the wedding date. This way, you’ll reduce the chances of coercion claims if things don’t work out.

At Neptune, we strongly believe that couples should start the prenup discussion early and get a general idea of what they both want long before they involve their legal representatives. To help with this process, our prenup concierge services connect you with well-versed family law attorneys who are experts in drafting legally sound prenuptial agreements. 

Have a chat with Neptune to start the process.

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Why Signing a Prenup Early Makes Sense

By definition, a prenup is an agreement that couples enter into before a wedding. And like any other agreement, it is only considered valid when all the parties—in this case, you and your partner—sign the document.

Beyond validity, courts want to ensure that couples sign a prenup willingly. One way to confirm this is to have the document signed well ahead of the wedding. If you sign a prenup too close to the wedding date and it ever gets challenged, the courts may invalidate the agreement on the grounds of duress or coercion.

Here’s another reason to sign a prenup early: it shows you both agree that the terms are fair. Courts are likely to throw out a prenuptial agreement if it includes heavily one-sided terms. An agreement that favors only one partner might indicate that the other partner signed it because they had no choice. By signing the document early, you both affirm the fairness of the terms.

While many people plan to stay married for the long haul, things can take a dramatic turn in the future. If one partner can prove they were coerced or rushed into signing the agreement, it might be difficult to enforce the prenup. However, if you both sign it well in advance, there’s a high chance the courts will uphold it.

When to Start the Prenup Process and Sign It

Different states have different requirements for when to finalize a prenup. For example, there’s a 7-day rule for couples looking to get a prenup in California. Essentially, this rule means that couples must have at least 7 days to review the terms before signing. So, if you live in California, you don’t want to rush the signing process, let alone the drafting process.

Although some states may have specific timing requirements, it is advisable to start the prenup process at least three to six months before you tie the knot. This gives you ample time to have a meaningful and open conversation with your partner, consult lawyers, review the terms, and sign the agreement well ahead of your upcoming wedding ceremony.

When you’re ready to create an ironclad prenup, remember to consult an attorney who knows what rules apply in your state.

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Why Should You Start the Prenup Process Early?

1. It Reduces Pressure

Preparing for a wedding comes with significant stress and pressure. You’re both focused on making sure everything goes to plan, and the last thing you want is to introduce a complex legal matter. When you start the prenup process early, it gives you enough time to think things through and negotiate the terms in a way that meets both of your needs―all without the added pressure.

2. It Gives You Enough Time to Review the Terms

Getting a prenup is a huge decision that shouldn’t be rushed. So, you and your partner must take the time you need to understand what the terms mean.

For instance, if you choose to include lifestyle or infidelity clauses, you both want to understand exactly what each clause means and their legal implications. In other words, you’ll have to consult your separate attorneys and discuss possible changes before reaching an agreement. These processes take time, so starting early gives you enough time for all the back-and-forth consultations and negotiations.

3. It Allows for Transparency

When you start the prenup process early, you and your partner have enough time for full disclosure. This means you’re entering the union with full knowledge of each other’s financial situation. Full disclosure reduces the chance of one person challenging the agreement on the grounds that they weren’t fully aware of the other person’s financial circumstances.

Keep in mind that full disclosure is only one of the many things you can ask for in a prenup. For a more detailed list, read our guide here.

Start the Prenup Process Early With Neptune

If you ask your partner to sign a prenup just a few days before the wedding, the courts will likely consider the document to have been signed under duress. This can invalidate the entire agreement. 

Although there is no universally set time for signing a prenup, it is usually a good idea to get it signed well in advance. It’s even better if you and your partner can sign it at least a month before the wedding date.

Our prenup concierge service can help you avoid costly mistakes that may invalidate your agreement. Start the prenup process early by chatting with Neptune today. We’ll connect you with trusted family law attorneys who understand the local laws in your area and can guide you in drafting a legally valid prenup.

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