No one stands in front of a minister, priest or justice of the peace, believing the marriage they’re entering into will ultimately end in divorce. But life does have a way of throwing curve balls, and that is why it’s important for Texas couples to consider having a prenuptial agreement in place. The prenup, as it is sometimes known, is becoming a much more widely used matrimonial document.
Experts say a prenuptial agreement actually helps couples to communicate positively about their financial situations since money and communication are among two of the most prominent reasons couples end up divorcing. A prenuptial agreement differs from a post-nuptial agreement in that it is a document signed before a marriage takes place. They usually will outline what happens to property upon divorce as well as how assets and debts will be divided, among others.
It does not speak to issues like child custody, child support or what may be in the best interests of the children involved. If both spouses agree, this legal document can be amended or revoked at any time during the course of the marriage. It is crucial that a prenuptial agreement never be signed under duress since a court could render it null and void for that reason.
Texas couples who are heading to the altar may want to discuss a prenuptial agreement with their independent lawyers. An attorney can explain the pros and cons of having such an agreement as well as discuss its cousin, the post-nuptial agreement. It may be best for many couples to be prepared for things that might never happen, but it’s always better to be safe rather than sorry.