Would the time in which the prenup was signed be grounds for a divorce?
Full Question:
Answer:
I am prohibited from giving a legal opinion. Generally, a prenuptial agreement will be enforced if the court finds it isn't blatantly unfair. This is a subjective determination made on a case-by-case basis, taking all the facts and circumstances into account. One of the defenses that may be raised to contest a prenuptial agreement is duress. The time that the agreement was signed may be a factor in finding that a party signed the agreement against their own free will. Most jurisdictions do not specify a particular time frame, however, the farther in advance the couple has to review and consider the provisions of the agreement, the more chance a court would find it voluntary. While an agreement proposed and signed a day or two before the wedding is not automatically invalid, it may be a factor, which the court considers in deciding whether to uphold the agreement at a later date. If the couple has had a significant period of time to consider the agreement before signing it, the court will be more likely to find it was not signed under duress.
