Some people in Texas may believe that a prenuptial agreement is a blueprint for a divorce, while, in fact, it is all about respect and trust that are two components of healthy marriages. Prenuptial agreements are often associated with celebrities and the rich and famous, and couples who do not have such fortunes may consider such agreements unnecessary. When the large percentage of marriages that end in divorce is considered, the negative connotations to such agreements may not be fair.
It is suggested that certain situations are considered in deciding whether to have a prenuptial agreement drafted. If one spouse has accumulated a large amount of debt that may be detrimental to the other spouse in the event of a divorce, the matter can be addressed in a prenup. If one or both spouses own a business, the role each spouse will play in the other one's business can be specified. In many marriages, one of the spouses may decide to give up his or her career to be a stay-at-home mom or dad, and the manner in which that spouse will be compensated after a divorce can provide peace of mind.
Couples may want to gain knowledge of their state's divorce laws because there are specific rules related to property owned by each spouse before the wedding and inheritances and personal injury claim compensation received during the marriage. If a personal asset of one spouse increases in value due to management contributions by the other spouse during the marriage, the increase may have to be shared according to the equitable distribution laws. Couples may benefit from discussing these and other aspects of the divorce laws with their respective attorneys.
No matter how big or small assets are, they can be protected in prenuptial agreements. Experienced divorce attorneys in Texas will likely advise individuals to discuss the drafting of such an agreement as soon as an engagement is considered. A court may suspect coercion or intimidation if a prenuptial agreement is signed too close to the wedding date. The list of matters that can be addressed in prenuptial agreements are almost unlimited, and the attorney of each party can provide guidance in drafting an agreement to cover most eventualities.
Source: madamenoire.com, "Why Women Should Draft A Prenup", Chelcee Johns No, Nov. 6, 2015