Do Prenups Signed Just Before Getting Married Hold Up?

A prenuptial agreement signed shortly before a wedding isn't necessarily void. Instead, judges carefully consider whether both parties had adequate opportunity to review the terms, seek legal counsel, and make an informed decision without pressure or coercion.

Here's an overview of how to make an enforceable prenup—with or without a lawyer.

Essential Requirements for Valid Prenups

In most states, a prenup is enforceable if it meets certain requirements, including:

• The agreement must be in writing. Prenups must be written and signed by both parties. Verbal prenups aren't enforceable in any state. Depending on your state, you may need to have your prenuptial agreement notarized or signed in front of witnesses.
• Both parties must voluntarily consent to the prenup. Both parties must agree to the terms without pressure, threats, undue influence, or coercion.
• Both parties must provide full financial disclosure. Each party must share complete and accurate information about their assets, income, and debts at the time the agreement is made. The financial disclosure process ensures both parties are making informed decisions.
• The terms of the agreement must be reasonable. The agreement can't be so lopsided in favor of one party that it's unconscionable (shockingly unfair).
• The agreement must be signed before the wedding. The prenup must be signed before the wedding. If a couple marries and then creates an agreement, it's considered a postnuptial agreement and is subject to different rules. The parties must have sufficient time for review, but only California has a mandatory seven-day waiting period. (Cal. Family Code § 1615 (2025).)

Learn more: Prenups: Who Should Get One and How to Make Yours Valid.

How Judges Decide If a Last-Minute Prenup Is Valid

In most states, when judges decide whether a last-minute prenuptial agreement is enforceable, they tend to focus on whether both parties fully understood and voluntarily agreed to the terms before signing the agreement. The timing of the signing—such as signing just hours before the wedding—is one consideration among many.

In Orsini v. Orsini (Pennsylvania Superior Court, 2023), Jennifer Orsini successfully challenged her prenuptial agreement. She testified that the couple had never discussed a prenup during their engagement. Then, on the eve of their wedding, her betrothed drove her to his attorney's office. He presented her with a highly one-sided agreement favoring him and told her to sign it right away. She wasn't offered the chance to seek independent legal counsel. The judge found that the circumstances suggested she was pressured and refused to enforce the prenup.

On the other hand, in Olson v. Olson (North Dakota, 2024), Jennie Olson's request to set aside her prenuptial agreement was denied. The judge noted that the parties signed the agreement and married two days later, but Jonathan Olson had made Jennie aware of the need for a prenup long before their engagement and long before the wedding. Jonathan had placed a draft of the agreement on the kitchen counter three weeks before the signing date. The judge upheld the agreement, finding that Jennie had a reasonable time to seek independent legal advice but chose not to retain a lawyer.

Do You Need a Lawyer for a Prenup?

You typically don't have to hire an attorney for a prenuptial agreement to be valid. California is the only state that requires independent legal representation, but only when someone is waiving spousal support. (Cal. Family Code § 1612 (2025).)

Nonetheless, judges are more likely to enforce agreements when both parties have had the opportunity to consult with their own lawyers. Lawyers can guard against coercion, ensure that the terms of the prenup are fair and fully understood by their clients, and help with financial disclosure requirements.

If you can't afford to hire a lawyer, you might want to consider using an online prenup platform, such as HelloPrenup or First. An online platform walks couples through state-specific questionnaires, then automatically generates a prenup based on their answers. Couples can then negotiate and finalize the terms from there, with or without the help of lawyers.

Learn more: Do You Need a Prenup Lawyer? Understanding Their Role and Prenup Costs