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Prenup vs Postnup when marriage is in 2 months

Discussion in 'Marriage, Engagement, Domestic Partnerships' started by remote82, Jan 29, 2019.

  1. remote82

    remote82 Law Topic Starter New Member

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    My fiancee and I are getting married at the end of March, in about two months. I hired a family lawyer to draft a prenup, and my fiancee is now reviewing it.

    I've recently read that the closer to the wedding date a prenup is signed by both parties, the more likely it could be challenged in court. Are we getting too close to our wedding date?

    Would it be better for me and my fiancee to move forward with the prenup process—we would probably end up signing in about 2-3 weeks, I'm guessing, after her attorney reviews and suggests any changes—or amend the prenup and convert it into a postnup to be signed at a later date after we are married?

    in my case a postnup is recommended so we have more time, should it be pretty simple to convert the prenup to a postnup, in terms of the contents of the agreement?

    We reside in New York State.


    My fiancee and I are getting married at the end of March, in about two months. I hired a family lawyer to draft a prenup, and my fiancee is now reviewing it.
     
    Last edited by a moderator: Jan 29, 2019
  2. zddoodah

    zddoodah Well-Known Member

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    The proximity of the wedding date has nothing to do with the likelihood of a challenge, and I suspect you meant to write "successfully challenged." Where did you read this?

    When you asked your lawyer this question, what response did you receive?

    Actually, don't answer because your communications with your lawyer are and should remain confidential. My real point in asking is because this is a letter that should be directed to your lawyer and not to a bunch of anonymous strangers on the internet.

    For what it's worth, any cases in which a court found the proximity to the wedding date to be a relevant factor in invalidating a prenup would involve a situation in which one party sprung a prenup on the other party at the eleventh hour such that it was practically coercive to do so. You're still two months away, so it is, in my opinion, highly unlikely that it would be relevant.

    These are requests for specific legal advice, which should only be answered by your lawyer.

    I also suggest you read the disclaimer at the bottom of every page at this site, which says, in pertinent part: "Legal Disclaimer: . . . The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. . . . All information available on our site is . . . not a substitute for professional legal assistance."
     
    hrforme likes this.
  3. army judge

    army judge Super Moderator

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    Good for you.

    If she refuses to sign it, I suggest you break off all contact and refuse to marry her.

    Men, women, dogs, beavers, sheep, cows, alligators, monkeys ALL come and go.

    Money and wealth will be with you to the very end, as long as you protect your assets from crooks, shysters, con-artists, and grifters; noting else matters!

    I suggest you speak to no one about the "prenup" but that GREAT lawyer you hired to draft the "prenup".

    If you think it is too close, change the wedding date.

    Again, protect your money, you don't owe that woman anything, YET!


    Again, work with the great lawyer that drafted the "prenup" that Lazy Susan is delaying to sign.

    Such delays are often indicators of POTENTIAL wealth confiscators, so be very careful, mate.

    Never marry someone who possesses less than you do, or lacks the potential to equal your earning capability.

    Live your life without GRIFTERS, BEGGARS, SCAMMERS, SCHEMERS, subhuman BROOD BOARS or SOWS, SLOTHS, SLUGS, or NE'ER DO WELLS; and you'll maximize your potential.
     
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  4. zddoodah

    zddoodah Well-Known Member

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    TYPO: "letter" should have been "question."
     

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