While decades ago it might have seemed like prenuptial agreements were only for the upper crust of society, these days many couples in Kentucky recognize the worth of having a prenuptial agreement no matter what their wealth. However, there will be those who want a prenuptial agreement but are nervous about asking their partner for one. This often manifests itself in two ways. In one way, an individual contacts an attorney saying the wedding is in a month, he or she wants a prenup, but he or she hasn't told his or her partner yet. Alternatively, an individual contacts an attorney saying the wedding is in a month and his or her partner just said that he or she has to sign a prenup first. As you will see, both of these approaches are problematic.
First of all is the issue of duress. A prenuptial agreement cannot be enforceable if one partner signed it while under duress. For example, if the wedding is mere days away, an individual may feel forced to sign the prenup, whether they want to or not. This could be construed as duress. In fact, some states have laws saying that if a prenup is signed within a certain number of days prior to the wedding, it will automatically be unenforceable.
Furthermore, it is often necessary for each spouse to have the representation of an attorney when they sign a prenup. An attorney can provide legal advice to ensure the final agreement is fair. A prenup agreement drawn up by only one side of the parties could face issues if it later needs to be enforced. Moreover, when creating a prenup, each partner usually needs to make transparent all of their assets and liabilities. A person who is presented with a surprise prenup may not have the opportunity to find out if their partner is hiding assets.
In the end, it is for the best to bring up the issue of a prenup sooner rather than later. Make sure you have enough time to properly execute an agreement that meets both party's needs. Prenups may not be romantic, but they are practical and can save a lot of stress and headaches should the marriage not work out.