When Should a Prenup Be Signed Before the Wedding?

Virginia uses the term premarital agreement for prenups, which are contracts made prior to marriage that guide how certain terms will be resolved in the event of a divorce. If you are considering asking your soon-to-be spouse to sign a prenuptial agreement, allowing them the time they need to appreciate the legal ramifications is important. If the person you’re marrying surprises you with a prenup that feels like it’s pushing the limits in terms of timing, you shouldn’t feel pressured into signing it.

Before entering a prenup, it’s in your best interest to consult with one of our experienced Arlington prenuptial agreement attorneys at Bristle Schulze.

Your Prenuptial Agreement Does Not Cast Doubt on Your Marriage

Many people think of prenups as a gateway to divorce. In fact, however, having a prenuptial agreement in place does not statistically increase the risk of divorce. Instead, prenuptial agreements are often used to specify which assets are separate, to address how marital property will be divided, and to determine whether alimony will apply.

A legally binding prenuptial agreement can bypass Virginia’s laws regarding the equitable division of marital property and the matter of alimony. Both the parenting plan and child support, however, must support the children’s best interests at the time of divorce and can, therefore, not be addressed in a prenup.

Ensuring that Your Prenup Is Legally Binding in Arlington

Virginia’s Premarital Agreement Act sets the requirements that determine if a prenup is legally binding, and the terms that relate to timing include the following:

• Each soon-to-be spouse must enter the prenup voluntarily and without coercion by the other.
• Each soon-to-be spouse must fully disclose their financial standing in relation to both assets and debts.
• The terms of the prenup cannot be unconscionable, which means they can’t be grossly unfair to one side or the other.

Any attempt to rush the prenup process can raise concerns about one side coercing the other into signing before they have had the time necessary to assess the contract in relation to their rights. The less time that elapses between signing a prenup and the wedding, the greater the chance that the contract will ultimately be called into question on the grounds of coercion. Consulting with a savvy Arlington prenup lawyer is an important early step.

The Prenup Must Be Signed Prior to Marriage

For a prenuptial agreement to be legally binding, it must be signed prior to marriage. Upon marriage, the contract goes into effect. The State of Virginia does not have a time requirement that applies to prenups, other than that they be signed before the couple marries. The more time you allow between signing your prenup and marrying, however, the less risk that the contract will be found wanting.

It’s Time to Consult with our Experienced Arlington Prenuptial Lawyers

Our capable Arlington prenuptial agreement attorneys at Bristle Schulze recognize the peace of mind that a carefully considered prenuptial agreement can offer, and we welcome the opportunity to help. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.