Couples getting married in Texas should explore the possibility of a prenuptial agreement and how it can help them. While these agreements may not be the right thing for everyone, they can provide valuable protection for people entering a marriage under certain circumstances. Although one may not want to enter a marriage planning ahead for its possible dissolution, it is sensible and can help protect one or both of the spouses.
Certainly, those who go into a marriage with significant assets need the protection that a prenuptial agreement can offer them. This includes people who either have a business or plan on starting one. Prenuptial agreements will help if they have their own money or their family has significant assets.
The benefit of a prenuptial agreement is that, in the case of a divorce, the property is divided in accordance with the terms of the agreement. The agreement can also protect children if the marriage is a second union by ensuring that a spouse can keep their assets and the children would not lose their inheritance in a divorce. A prenuptial agreement is not always easy to bring up and negotiate, but it is absolutely vital in many cases. The alternative is that a spouse can be at risk of losing their assets in a divorce.
While it seems paradoxical, one should contact a family law attorney before getting married to learn more about prenuptial agreements. They may be able to suggest parameters for a valid prenuptial agreement and give tips on discussing it with the prospective spouse. Note that the attorney will represent one spouse as opposed to both people. Prenuptial agreements could be invaluable and make life easier in case the worst-case scenario happens years into the future. An attorney might help prevent chaos in that event.
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Author: On behalf of Katie L. Lewis of Katie L. Lewis, P.C. Family Law