Steering You Toward Your Best Options

Discuss prenuptial agreements early in an engagement

On Behalf of | Dec 17, 2019 | Pre-& Post-marriage Agreements

The moment a couple gets engaged can be magical. However, the last thing that most Texas couples want to do is ruin that magic by talking about money, particularly a prenuptial agreement. However, there are several reasons why talking about a prenup early in the engagement can be beneficial.

Prenups can be tailored to each individual’s unique needs and circumstances. The goal with this legally binding contract is usually to lay out which assets will be viewed as separate property versus marital property if the couple decides to divorce in the future. It could also address inheritances, business interests and family trusts. A prenup may even include confidentiality of finances or other information, which would prevent an ex-spouse from sharing private info with others.

It is beneficial to discuss a prenup early in the engagement because it allows the couple to address how the fiscal partnership will work after they’re married. This could also lead into a discussion on how they will manage their finances and how assets will be shared.

There have been cases where courts have argued that prenuptial agreements are not enforceable because they were signed just before the wedding date, which could indicate the document was signed under pressure. If a couple were to sign a prenup within the first few months of their engagement, they could avoid this possible issue.

If a couple does not have a prenuptial agreement signed before they are married and then they get a divorce, a judge may decide how their assets are divided. Speaking with a lawyer and learning about pre- and post-marriage agreements can help a couple to avoid future arguments and frustration. The attorney could help them draw up legally binding documents and answer questions about asset protection and other matters relating to finances and marriage.