Given the high number of divorces nationwide, including in Texas, those who are considering marriage will likely recognize the importance of protecting their interests and also those of their soon-to-be spouses. It is not uncommon for couples to neglect to sign a prenuptial agreement because both parties are concerned about jeopardizing the relationship. However, there are ways in which to broach the subject in a positive manner that will ultimately benefit both parties.
Some suggest that the timing of a conversation about a prenuptial agreement is important and that it should not be mentioned in the middle of an argument or the presence of future in-laws. The subject could be introduced during an open discussion about goals and plans in the minds of each spouse. If it is understood that a prenuptial agreement does not only provide protection in the event of a divorce but also if one spouse passes away, acceptance may be easier.
A prenuptial agreement may include much more than financial directives in the event of a divorce. The management of household finances during the marriage can also be included. A spouse who plans to leave a lucrative career to be a stay-at-home parent may find comfort in knowing that the agreement can address this and how it will be handled if the marriage ends.
Those in Texas who are considering drafting a prenuptial agreement may benefit from consulting with an experienced family law attorney. A lawyer can provide advice about matters to address in such a document while also ensuring the legality of the document. It is advisable that the legal representatives of both parties are present at the signing of it, and it is typically best to do this well in advance of the wedding ceremony. Agreements signed on the eve of the wedding may be create the suspicion of coercion or intimidation and could be subject to challenge in court if one party chooses to do so in the future.
Source: The Huffington Post, "How to Prepare for THAT Prenup Conversation", James J. Sexton, Feb. 26, 2016