Don’t Wait Until It’s Too Late, Or Your Premarital Agreement Count Be Challenged In The Future
Prenuptial agreements are serious commitments along with marriage that require a lot of careful thought. If a prenuptial agreement is something that appeals to you for an upcoming marriage, when is the ideal time to start thinking about it? In this video, Denver divorce attorney Kathlyn Laraway urges prospective spouses to work on their prenup as soon as possible, for a variety of reasons. Additionally, she explains how waiting too long to sign a prenup can lead to a challenge of the validity of the prenup in its entirety, making your property vulnerable in a divorce.
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I don’t recommend doing it the day before. Generally, I think if you are probably around the six months out, I think you want to get the ball rolling. These are, these are documents that do, like I said, require significant disclosure so there’s a lot of information that attorneys need to go to draft them. There’s information that both parties need to be able to have before they should sign them and so what we recommend is the earlier the better. So, if you’re getting down to where it’s, you know, a week before the wedding, you’re going to run into trouble that the prenuptial agreement could be invalidated down the road because there could be a claim of duress or undue influence and what I mean by that is obviously if one person has planned a wedding, they bought the dress, they’ve booked the photographer, they’re picked out the cake and you come to them a week before and say, “I’m not going to marry you unless you sign this prenuptial agreement which lets me keep all this property, they know they’re going to be out a lot of money. They know they’re going to be in a very significantly unfortunate social situation having to cancel the wedding, so a lot of times they might enter into that agreement just to make sure things go the way they were supposed to, and the reality of that situation is then 20 years down the road, when the couple divorces, the person who had to sign that two days before their own wedding likely has a very good claim for duress and they might be able to invalidate the agreement in its entirety. For more information, go to our website at Divorce-Matters.com.
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