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Laura Dale & Associates, P.C.

Don't believe everything you hear about prenups

Marriage is absolutely about love, companionship and family. It is also about contracts, finances and other businesslike issues. Balancing the two sides of the marital relationship takes some work, which you may want to start prior to walking down the aisle.

Prenuptial agreements continue to get a bad rap with some people, so gaining an understanding of what this agreement really is and does could dispel any misconceptions you have that make you hesitate to consider using one.

The truth about prenups

The first truth about prenups is that nearly every couple could benefit from one. Other truths include the following:

  • Contrary to what you may believe, prenuptial agreements do not mean you will or expect to divorce. If you think of them more as an insurance policy should the worst happen, you might better understand their purpose.
  • These agreements do not only come in handy in the event of a divorce. Many people use them as part of their estate planning.
  • You don't have to have a lot of money or other assets to benefit from a prenup. With more couples marrying later in life or remarrying, each party usually comes into the relationship with some assets, and you have the right to protect your sole interest in them.
  • A Texas court will not necessarily enforce every provision in your agreement. Terms having to do with lifestyle, such as hair length or weight gain, are not enforceable, but you can put them into your agreement if you want to do so.
  • You cannot wait until the last minute to sign a prenuptial agreement. Each of you needs the time to review it, have an attorney look at it and negotiate changes.
  • Unless you waive the right to consult with an attorney in writing, Texas law requires that each of you has this opportunity.

Having this information may only pique your interest in executing a prenuptial agreement. More than likely, you have additional questions pertaining to your situation in particular. One question you may have is how to broach this subject with your future spouse. You are not alone if you hesitate to even bring up the subject, but once you understand the importance of this document, you may find a way to do so.

Perhaps your future spouse is the one who asked you about a prenup, and you want to know more about the document and the process, along with what goes into it. Getting the answers to your questions could alleviate your concerns and make you less hesitant to entertain the idea.

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