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Putting You At Ease, Protecting Your Rights

Your prenup may not protect you if there wasn’t enough time

| Mar 31, 2020 | Divorce

You knew that you wanted to protect your assets from a potential divorce even before you got married. This was your second marriage, after all, so you had a successful career and you were older than you were the first time around, giving you perspective and more assets. Plus, you lost a lot in the first divorce, so you vowed that you would not let that happen again.

To protect yourself, you decided to use a prenuptial agreement. You wrote it up and presented it to your spouse before the wedding. You felt a bit nervous, but they took it well and signed the paper. Now that you are getting divorced a second time, you expect to be financially protected. But are you?

One key part of the equation is when you signed the prenup. If there wasn’t enough time between the signing and the wedding, it may not stand up in court, and it may not protect you. This can be looked at as a type of duress, pressuring your spouse into signing because it would cost them money — not to mention embarrassment — to call off the wedding at the last minute. They can also claim they did not have enough time to really consider what the prenup said or if they wanted it, and they may even say they simply did not read it at all. Any one of these issues can invalidate the prenup.

Don’t let a mistake like this cost you. Make sure you are well aware of all of your legal options as your marriage comes to its conclusion.