Coercion should play no role in the signing of a prenup

By |2022-10-07T09:27:07+00:0015 Jul 2016|Categories: Prenuptial Agreements|

But while a prenup undoubtedly provides myriad benefits, it should also be fair. And no one should ever sign such an important agreement without feeling that it is in his or her best interests to do so. And this means that no undue pressure or coercion should be brought to bear on a party who is being asked to sign a prenup.

An obvious reason to avoid succumbing to coercion is that the agreement’s terms could be stacked against the party who is being pressured. But additionally, a prenup that is signed by someone who was under duress may be invalidated later by the court. Therefore, prenuptial agreements are best negotiated and signed free of intimidating tactics.

One way a couple can avoid a prenup conflict is to craft the agreement well in advance of the wedding. By establishing the terms at least six months before getting married, both parties have time to make sure the agreement contains everything they want and is mutually acceptable.

So, if you and your future spouse are working on a prenuptial agreement, it can be a very good idea for you both the secure the services of your own individual attorneys. Having your own attorney means you have representation that is dedicated to looking out for your best interests exclusively. More and more, prenups are considered both a wise and normal part of formalizing the terms of a marriage. But it is critical that the drafting of the document is done properly and an attorney can help make sure that yours is satisfactory to your needs.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
Go to Top