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Divorce protection exists in prenups, but must still be fair

On Behalf of | Jan 29, 2022 | Prenuptial Agreements

When a soon-to-be wife or husband insists on a certain amount of financial protection before getting married, it could come as a surprise to his or her partner. It’s not always easy to broach the subject of prenuptial agreements, but more couples in Texas are deciding this document might serve them well in case they should ever end up divorcing. Even if there aren’t issues in the relationship — most couples don’t ever foresee divorcing — a prenup is something people should review carefully before signing on the dotted line. 

Offers protection 

One of the reasons for a prenup is to protect parties from certain problems that might arise during the divorce process. However, this document must be fair toward each party. If one individual creates a prenup that appears significantly favorable toward him or her, it would be wise to receive legal advice before signing. It is alright to have boundaries as long as they aren’t unfair to the other party. 

Can be a method of negotiation  

Even if one person has had a prenuptial agreement drawn up, the terms of that document can still be negotiated. After having read the agreement, some who have been asked to sign it may think certain terms seem too extreme; however, many others may not see any potential problems whatsoever. Regardless of the situation, the most prudent thing to do would be to carefully analyze all aspects of the document and not to immediately sign it if there are any issues at all that make one uncomfortable.  

Most Texas residents who are to be married, and who have prenuptial agreements drawn up, do so with good intentions. Those who are considering having a prenup fashioned or who have been presented with a prenup by a future spouse could increase their odds of a smoother process by receiving the guidance of an experienced family law attorney.  

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