What does 'procedural fairness' include in the context of prenups?

Procedural fairness in the context of prenups refers to the fairness of the processes by which the premarital agreement is negotiated and executed. This includes ensuring that both parties have the opportunity to fully understand the agreement and its implications prior to signing.

The aspect of timing and availability of independent counsel is crucial because it helps ensure that each party has the chance to seek legal advice independent of the other. This is vital for confirming that both parties are making informed decisions and that the terms of the agreement are being negotiated in good faith. If one party does not have independent counsel available at the right time, it could lead to an imbalance of power or understanding, thus jeopardizing the fairness of the process.

The other options, while relevant in specific contexts, do not capture the essence of procedural fairness as comprehensively as the availability of independent counsel. Witness availability focuses more on the evidentiary aspect than the negotiation process itself, financial status pertains to the substantive fairness of the agreement rather than procedural fairness, and counsel's recommendations might not reflect the parties’ informed consent and understanding of the elements involved in the prenup.