There are numerous details to consider while planning a wedding: the venue, the guest list, and even a color palette. If you search Pinterest, you’ll find a dozen pre-wedding checklists that help you schedule these decisions. However, “Execute Your Prenuptial Agreement” seems to be missing from most of these lists.
We get it — discussing a prenuptial agreement doesn’t feel as romantic as cake tastings or dress fittings. Still, it is an essential part of financial and emotional planning for your marriage, and it’s important to understand when and how to have these conversations.
1. Start the Conversation Early
Ideally, you should have a discussion about prenuptial agreements months before your wedding and well before the invitations are sent out or any other major wedding plans are finalized. The earlier you bring it up, the more time you have to process the idea, seek out separate legal counsel, and negotiate terms. And hopefully, you can even have the prenuptial agreement signed, notarized, and filed away before your final fitting for wedding wardrobe.
When you initiate this conversation, it is important to be sensitive and open about your reasons. A prenuptial agreement is not about expecting a divorce, but rather a way to protect separate interests, manage financial expectations, and lay a foundation for transparent communication from Day 1 of the marriage.
2. Engage Attorneys Early
Once you and your partner agree to have premarital legal counseling and possibly sign a prenuptial agreement, it is time to reach out to a trusted family law attorney. It is encouraged, although not required, that each party have their own attorney to ensure that the agreement is fair and that their interests are represented fairly.
Contact a family law attorney at least six months before the wedding date to allow ample time for negotiation, revision, and signatures. Your attorney will explain the legal implications of the prenuptial agreement and work with you to craft terms that align with your objectives and protect your interests.
3. Complete Financial Disclosures
Completing a full and honest financial disclosure is another facet in creating your prenuptial agreement. In order to enter into a legally binding prenuptial agreement, both future spouses must be transparent about their assets, debts, income, and future financial expectations. This ensures that both future spouses are making informed decisions. Your attorney will guide you through the financial disclosure process.
4. Negotiate and Review Terms
Be prepared for multiple drafts, a few rounds of discussions, and some back-and-forth to ensure both future spouses are satisfied with the terms. This process may take several weeks to months depending on the complexity of your finances and the terms you both want to include.
5. Finalize and Sign the Agreement
Once both future spouses agree on the terms, the prenuptial agreement should be finalized, reviewed one last time with each respective attorney, and then it is ready for signature. We recommend that any prenuptial agreement be signed at least 30 days before the date of the wedding. While there is no statutory deadline in North Carolina statutes, there is legal precedent and caselaw that caution the signing of a prenuptial agreement too close to the wedding because this could indicate someone signed out of duress or undue influence. If an agreement is signed too close to the wedding date, one spouse may later argue that they felt pressured (under “duress”) or coerced into signing (“undue influence”), which could jeopardize the enforceability of the agreement.
A prenuptial agreement is more than just a legal document—it is the path for couples to engage in honest and forward-thinking conversations about finances and their future. By following this timeline and approaching the premarital legal counseling process with care, you can help ensure that your prenuptial agreement is enforceable, fair, and mutually beneficial.
If you are considering a prenuptial agreement, contact an experienced family law attorney today to learn more about how to protect your financial future while building a transparent foundation for your marriage.
If you or somebody you know is getting married soon and would like to learn more about the Prenup, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Sabrina M. Frenette
I discovered my calling as an attorney through personal experience. While I once envisioned a career in medicine, my path changed the summer after my freshman year of college when I found myself navigating the legal system as a client. After leaving an abusive relationship, I faced challenges that required legal action, leading me to work closely with an attorney who guided and supported me through a difficult and emotional process.
