${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

Prenuptial agreements: Your presentation is important

33143952_S.jpgIf you are planning to get married in the near future, you are probably well aware of America's high divorce rate. No one wants to go into marriage thinking about someday getting divorced, but it is a risk worth being prepared for.

A prenuptial agreement is often the best way to stay focused on marriage while safeguarding against some of the risks associated with divorce. If you have decided that a prenuptial agreement should be included in your marriage plans, you should know that timing is important. When and how you present the prenuptial agreement to your fiancé could impact how enforceable the agreement is in court.

Timing: You can't afford to procrastinate

Most people would agree that being asked to sign a prenup a year before the wedding is a lot different than being presented with the prenup just weeks before the wedding. If you surprise your soon-to-be spouse with the document close to the wedding date, he or she may feel pressured to sign. The guests have already been invited and most of the wedding has already been paid for.

If you later end up getting divorced, your spouse could claim that the document was signed under duress, which could make the agreement unenforceable. Presenting the prenup as soon as possible is the best way to avoid the duress argument.

Due consideration and seeking legal advice

The other important factor in presenting a prenuptial agreement is giving your fiancé time and opportunity to properly consider what they are about to sign. In most cases, it is wise to have each spouse consult with their own attorney about the terms of the agreement and what those terms will mean in the event of divorce.

If you drafted the prenup on your own with the help of an attorney, you'll need to give your fiancé plenty of opportunity to review the terms, seek legal advice and to fully understand what they are signing. Even if you drafted the document together, it may be necessary for each of you to consult with separate attorneys.

There are other important components necessary for an enforceable prenuptial agreement, but many are case-specific. If you're ready to get started on your prenuptial agreement or need to review one, please consult an experienced family law attorney.

Source: The Huffington Post, "The Prenuptial Agreement Cannot Be a Secret," Fred Silberberg, March 10, 2015

No Comments

Leave a comment
Comment Information

Contact Our Team To Get Help Now

Tell us about your case and we’ll get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Stange Logo

Stange Law Firm, PC
400 S. 9th St.
Suite 100
Springfield, Illinois 62701

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map

DHQ | Divorce Headquarters Divorce
Headquarters ® App Download The App
Questions? Live Chat Pay Your Bill Online
States of Service

Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806: Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 25 Professional Park, Suite B, Maryville, Illinois 62062: Maryville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

The choice of a lawyer is an important decision & should not be based solely upon advertisements. See additional disclaimers here.