On behalf of The Jacks Law Group posted in prenuptial agreements on Friday, May 29, 2015.
Here in Las Vegas, many people like to play it “close to the vest” when it comes to financial matters. Talking about money can be difficult, even with a significant other. So when it comes time to marry, the subject of a prenuptial agreement can be more than a little awkward.
In spite of this, it is important to have an honest conversation with your fiancé and to do it long before the wedding. There are two reasons for this. The first is that you presumably like your relationship and don't want to make your betrothed angry. The second is that if the prenuptial agreement is ever challenged, the circumstances under which it was presented and signed will be important considerations.
Not Enough Time
Prenuptial agreements can be deemed invalid in court, and one common reason for this is allegations of duress. If you surprise your fiancé with the document just a few days or weeks before the wedding, he or she may feel pressured to sign it because the implicit ultimatum is that the wedding could be called off if they don't.
Not Enough Consideration
Ideally, you and your spouse-to-be will both give input in the drafting of the prenuptial agreement. But if that doesn't happen, you at least need to give your fiancé time to read it over, consider the terms and discuss them with his or her own attorney. If each side receives independent legal counsel and if the agreement is drafted with the help of an attorney, it is much more likely that the document will hold up in court.
As we have previously written, prenuptial agreements don't need to be viewed as a hostile business negotiation. Rather, they are intended to protect the interests of both spouses if divorce ever becomes necessary.