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My partner wants me to sign a prenup: Should I?

Oct 4, 2021 | Premarital and Postmarital Agreements

One of the least romantic things a person could do in the days or weeks leading up to a wedding is to give someone a legal contract dictating what will happen in a divorce.

So, if your partner presents you with a prenuptial agreement, you may be surprised and upset, unsure of whether to sign it. However, before you decide anything, there are a few other questions you should be ready to answer.

Is it a valid agreement?

A prenuptial agreement is a legal contract. If you live in Sugar Land, it must comply with Texas laws and be an accurate, complete reflection of parties’ circumstances.

While you may not be able to assess the document’s legality yourself, you should know that just because something looks legitimate does not mean it is enforceable. And though you trust your partner, there could be inaccuracies or misrepresentations in the document that could make the contract unlawful.

Do you feel pressured into signing?

A contract can be invalid if someone coerced or tricked a party into signing it. In some cases, coercion might look like a future in-law stating that they will not pay for the wedding if you don’t sign a prenup. 

In other cases, the coercion is less blatant. For instance, if your partner brings the document to you just days before your wedding, that could make it unenforceable because it can appear that you are being forced to sign it under duress.

Have you consulted an attorney?

Each party to a prenuptial agreement has the right to consult a lawyer before signing. The courts may refuse to enforce an agreement signed by a party who did not have the time or opportunity to meet with individual legal counsel.

An attorney can help a party assess the fairness of a contract and assist with any negotiations or changes you wish to make. 

Take your time: Your future is at stake

Prenups can be an emotionally charged subject, but it is crucial not to let your feelings drive your decisions.

Signing something impulsively or refusing to even discuss the matter can create more problems down the road. Therefore, if your partner asks you to sign a prenuptial agreement, take your time to consider the issue thoroughly and objectively before making any decisions.