Premarital Agreements: Timing is Important

The days of premarital agreements being a rarity are gone. More and more people have come to realize that this type of marital contract is not just for the wealthy and famous, but they are beneficial for all engaged couples. People are tending to marry later in life, so they are more sophisticated and prepared for what is involved in marriage.

The fact that prenuptial contracts are more commonplace does not eliminate the fact that they can be an awkward topic to discuss with your future spouse. It is important to understand that the timing of this conversation plays an important role in how your loved one is likely to respond. For example, asking your future spouse to sign a marital contract a month before the wedding is not a good idea. In fact, poor timing can lead to questions regarding the validity of the premarital agreement.

One question the court will ask in deciding whether to enforce a prenuptial contract is whether your spouse was under duress when the agreement was signed. If your spouse was pressured into signing the premarital agreement after 300 people have confirmed they will attend the wedding and thousands of dollars have been spent on food, flowers and other arrangements, your spouse has an argument that she was under duress when she signed the prenuptial agreement.

Another complaint regarding prenuptial agreements is that they take the romance out of the wedding. Again, this may be true if you spring it on your future spouse in the weeks leading up to the wedding, but having the discussion before any wedding planning has occurred is a different story. Don’t wait too long to address entering into a premarital agreement. Get it done sooner rather than later so you and your spouse can focus on the joy of planning your wedding.

Finally, you should be able to talk to your future spouse about anything. She will appreciate you being honest and upfront about it. Giving her time to plan and negotiate her side of the agreement will help her feel comfortable with it and it also sets your marriage up to run more smoothly. Working through your financial matters before you get married can not only help you grow closer, but it can also prevent fights over money in the future.

If you are engaged and interested in creating a prenuptial agreement with your future spouse, or you need assistance with other family law matters, call the knowledgeable attorneys at the Men’s Divorce Law Firm. Our office is located in Orlando, Florida, but we proudly serve husbands and fathers across the State. The firm also serves men out of state with child custody interests in Florida.