When couples decide it is time to take the next step in their relationship, buying the ring, getting engaged and planning the wedding become the focus. Many Texas couples don't consider a prenuptial agreement as a necessity or think that the thought of one sours the blissful mood. Protecting one's assets and keeping a future spouse's pre-marriage debts as just that, the spouse's, can be the first step to an open and honest marriage.
When seeking a prenuptial agreement, both parties should use separate legal counsel. Including all assets and debts and making sure that all copies of tax returns and bank statements are brought for the first meeting is important. It is also important for both soon-to-be spouses and their attorneys to review all the documents and gain a clear picture of what each person is bringing into the marriage. Another aspect to consider when it comes to drawing up a prenuptial agreement is what applies should a divorce occur and what happens to any property that may be inherited by either party.
Making sure the prenuptial agreement is completed and signed by all parties at least 30 days prior to the wedding date is also important. The 30 days helps to ensure that a properly prepared agreement will hold up in court. Should the marriage end later, having the prenuptial agreement in place can save money and unnecessary frustration in an already complicated situation.
Hiring an experienced Texas attorney to make sure that your rights and premarital assets are protected is crucial. Prenuptial agreements no longer have the stigma of greediness or something that only the wealthy need. In fact, a prenuptial agreement can lay the foundation for a secure marriage, knowing that each partner is prepared to face the possibility of divorce and take heed to protect both parties before anger, guilt and revenge can cloud decisions.
Source: mediate.com, "10 Things to Consider Before Signing a Prenuptial Agreement", Debbie Smith, Sept. 14, 2017