Coercion should play no role in the signing of a prenup
Creating a prenuptial agreement is typically a good idea for every couple who is planning on getting married. A prenup can clarify the responsibilities and rights that each spouse will have throughout the marriage and even into a divorce if things don’t work out. Moreover, by prearranging such things as property division, the divorce process can be carried out with greater efficiency and less cost.
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.