If you want to use a prenuptial agreement when you get married, do not put it off or delay. Don’t decide that you’ll just draft the document at the last minute. If you do that, your prenup is not going to be worth the paper that it is printed on when you get to court.
The issue is that signing right before the wedding pressures your spouse. Imagine that they have already sent out the invitations, bought a dress/tux, booked the wedding venues and hired a photographer. Perhaps it’s so close to the wedding that family members are already in town, having flown in from around the country. They have paid for hotels, taken time off work, bought presents and otherwise financially invested in the wedding.
Then you say that you want to use a prenuptial agreement. Your spouse does not want to use one at all or reads the one you’re proposing and doesn’t agree with it. However, if they refuse to sign, they know that the best case is that you’ll delay the wedding. The worst case is that you may call it off entirely.
If this happens, they stand to lose down payments or even full payments for all of the costs listed above. They’re also facing a lot of embarrassment as they would have to explain it to their family. They may sign the agreement even though they don’t want to.
By waiting, you put pressure on them, and they can argue that the prenup shouldn’t stand. To avoid this, you need to consider signing months before the wedding. You also need to know what other steps to take to make sure it holds up.