Kelly Bensimon, star of the ‘Real Housewives of New York City,’ recently called off her wedding to Scott Litner after he refused to sign a prenuptial agreement. Bensimon understood the legal protections that a prenuptial agreement would offer her and her children, and refused to marry without those protections in place.
If a prenuptial agreement is right for you and your soon-to-be spouse, be sure to allow enough time to get a prenuptial agreement prepared prior to your wedding. There are three main challenges that can invalidate a prenuptial agreement. First, each party must be represented by their own attorney and be advised of their rights, and the rights they may be giving up, or gaining, by entering a prenuptial agreement. Second, both parties need to fully disclose all of their assets and debts to each other so they both understand what they may be giving up, or protecting. Third, the prenuptial agreement must be drafted with enough time for each party to meet with their own attorney, understand their rights and responsibilities, and voluntarily sign the agreement well ahead of the wedding.
You cannot get a prenuptial agreement after you have wed. So, if you are the party who wants the prenuptial agreement and your betrothed won’t sign, then don’t be afraid to say “I don’t.”
– Chris Constantino & Jos Strauss
