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Reasons to use prenuptial or postnuptial agreements

On Behalf of | Sep 9, 2019 | Pre-& Post-marriage Agreements

Some people in Texas may wonder if they should create a prenuptial agreement before getting married. A postnuptial agreement is also a possibility for a couple who is already married. Pre- or postnuptial agreements are generally not necessary for people who are going into a marriage with few assets and no children from a previous relationship. However, people who do have children or significant assets or who anticipate an inheritance that they want to protect may want to consider using these tools.

A prenup can be useful not just in a divorce but in the event of a person’s death. A person who has children from a previous relationship may want to specify in the prenup that the estate goes to the children and not the spouse if the person dies. However, prenuptial agreements largely deal with how property should be divided in case of divorce. Couples should avoid including clauses dealing with any other elements of their marriage or a potential divorce since a court could consider the document frivolous and dismiss it.

Neither a prenup nor a postnup should address issues involving children. Couples may decide to create a postnuptial agreement after the wedding simply because they are too busy. A postnup might also be created after years or decades of marriage.

A pre- or postnuptial agreement might be particularly important in a community property state like Texas, where joint property is supposed to be divided equally. With a prenup or postnup, couples can agree on a method for dividing property that best suits them. It is important that the agreement be prepared correctly. Both individuals should have adequate legal counsel. Couples who want a prenup should prepare it well before the marriage since otherwise it might look as though one person was coerced into signing it.