Don’t wait until the last minute! To be enforceable, pre-nuptial agreements must be voluntary. Because of this voluntariness requirement, it is almost always a bad idea to save the prenup until the last minute, unless both spouses have had time to consider the terms and obtain legal advice where necessary. If it appears that one party signed the agreement under duress, there’s a good chance a court will refuse to enforce it down the road. For example, if right before a couple walks down the aisle, the wife-to-be says to her husband-to-be, “sign the prenup, or I won’t marry you,” a court would likely refuse to enforce the agreement in the event of divorce, because the husband’s agreement to sign was not truly voluntary considering the circumstances.