Legal Question in Family Law in New York
I am planning on proposing to my GF (this will be second marriage) when should a prenup be drawn? Before proposal or during engagement? I have been told there are concerns where coercion can pop up in divorce cases thus making prenup not hold up in court. I got 2 answers from 2 attorneys one said before one said now. obviously there is no right answer to the question. So I assume that one attorney must believe coercion can be an issue raised in divorce court if the prenup is not hammered out prior to proposal. so I ask why would an attorney advise to proceed during engagement and not prior, do most prenups get written before engagement ? please elaborate,, i'm sure many interested parties will proceed with attorneys but need guidance with an explanation to secure a iron clad agreement that will hold up in court.Thus making a job well done by a professional attorney..
1 Answer from Attorneys
The answer is as soon as possible. There is no requirement that it be done prior to your engagement or prior to your marriage proposal. It is before marriage. However, if it is done only a few days prior to marriage this can raise the question of duress. That is why the only answer is as soon as possible.
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