When to get a Prenup

Although there is no “right” time to get a prenuptial agreement, couples should discuss their financial objectives and goals well in advance of their wedding date. Drafting a thorough prenuptial agreement that incorporates your goals should not be rushed. In addition, many states require that a prenuptial agreement be presented to both spouses and/or signed several days prior to the wedding date.

In California, the Supreme Court (in a case involving Barry Bonds and his ex-wife Susann) imposed stringent requirements on when parties may get a prenuptial agreement. One of time limitations the Court imposed was that a prenuptial agreement must be presented to the other spouse in complete form seven calendar days before signing (this means in the other spouse’s hands seven days before signing, not seven days before marriage). In fact, there is an interesting story about when to get a prenup involving Britney Spears and K-Fed: Seven Days.

Depending on what provisions are included in your prenuptial agreement, additional time restraints may apply. For instance, if the parties agree to waive alimony (also known as spousal support) in California, additional procedures and time periods may be necessary.

Red Leaf Law is highly experienced in California and Utah prenuptial agreement law, and, consequently, we will only draft your prenuptial agreement if there is a minimum of 14 days prior to the wedding (or more, in some instances). Contact us today for a free initial consultation and one of our attorneys will further describe the prenuptial agreement process to you.