When Should You Start A Prenup?

Is there a legal deadline for signing a prenup?

Prenuptial agreements must be signed before the wedding, and state law doesn’t typically say much more. However, Minnesota requires prenups to be signed seven days before the wedding and California requires seven days in between the final draft of the prenup and the signatures.

In all other states, the legal “deadline” to sign a prenup is determined on a case-by-case basis if the prenup is ever challenged. Otherwise, there is no real “deadline.” For example, in a 1994 Missouri case, the couple signed the prenup on the wedding day, but the agreement was still upheld, given the other surrounding circumstances supporting an enforceable agreement. 

Many attorneys have their own “best practices” for when the right time is to sign a prenup. Some attorneys may say 30 days, others may say only two weeks. There are even some law firms out there that will refuse to work with couples who are closer than three months out from their wedding. It can really be dependent on the lawyer’s comfort level with the case, the policies of each firm, and the facts around the situation.

Why do courts care about the timing of the prenup?

When a prenup is challenged, and one party claims that they didn’t voluntarily enter into the agreement or didn’t understand the terms or were coerced into signing, a court may turn to when the prenup was signed to answer some of these questions. Timing of the prenup execution can speak volumes on whether or not each party was pressured, had the opportunity to negotiate the terms, had the ability to hire an attorney, and had the ability to consider what they were entering into. It’s not an exact science, but rather an analysis of the situation at hand to determine if the agreement should be upheld. 

What happens if you start your prenup too late? 

Just because you signed a prenup the day before your wedding doesn’t necessarily mean the prenup will be thrown out. This can be especially true if both parties hired attorneys and the agreement is reasonable. However, starting your prenup too late can have other effects besides enforceability issues. 

Starting your prenup late can: 

• Force people to rush into terms they aren’t happy with 
• Incur higher legal fees with attorneys 
• Create uneasiness with signing the agreement in general 
• Create a greater risk of enforceability issues down the road

Remember, there’s typically no legal deadline for a prenup, but starting late can have some disadvantages. 

Can a prenup still be enforced if signed close to the wedding?

Yes, but only conditionally. Courts do not automatically invalidate late-signed prenuptial agreements. One party would have to argue that they were pressured into signing, didn’t understand the terms, or had some other circumstance that made it invalid. Then, a court would evaluate the prenup and consider timing as one of several factors in determining enforceability. 

Typically, close timing alone isn’t enough for most courts to throw out an agreement. For example, if a couple signed the prenup on the day of the wedding, but had proper disclosure, legal representation, and a reasonable agreement, these factors are likely to offset any timing concerns for a court. 

In Matter of Nizhnikov, the New Hampshire Supreme Court upheld a prenup signed on the day of the wedding, because the wife received her draft of the prenup 16 days before the wedding, and had ample opportunity to investigate the husband's finances and obtain counsel advice. There was also no definite wedding date set when she first received the prenup. 

Does timing affect cost?

If you are going to hire a traditional attorney, then timing definitely can have an effect on cost. Starting earlier, such as three to six months before the wedding, usually costs less with an attorney, because they will not need to put a rush order on your case. On the other hand, if you’re using HelloPrenup, there is no added cost to getting your prenup done last-minute; the only roadblock you may encounter is attorney availability on the platform, though most of their Attorney Network offers same-day appointments.

Starting early can protect both parties, but there is generally no legal deadline

An early start to the prenup process is generally not required, but can help reduce pressure, ensure both parties are comfortable with the terms, and improve enforceability outcomes if ever challenged. There are only two states that statutorily mandate timing requirements (Minnesota and California), and those states only have a minimum of a seven-day lead-up. Beyond that, there’s no bright line answer on when to get a prenup. It becomes a case-by-case analysis should the agreement ever be challenged.