Pros and Cons of Prenuptial Agreements in Houston

Photo Scale and GavelDespite prenuptial agreements’ unromantic reputation, these agreements are increasingly becoming an important of marriage in the United States, and for good reason. Marriage is, after all, a legal contract. With half of marriages in the United States ending in divorce, prenuptial agreements are basic contract changes suited to your needs. They are a way for a couple to protect each individual partner’s interests and for each partner to provide for his children and heirs as he or she sees fit. If you are weighing the pros and cons of a prenuptial agreement in Texas, a prenuptial attorney can advise you on the best decision for your situation.

Pros of Prenuptial Agreements

  • A couple needs to face financial matters. Having this conversation early enough in the relationship is a great way to discuss goals and prevent problems from occurring later on. A prenuptial agreement can ensure that a court follows a couple’s wishes for their children and their property instead of a court merely following the boilerplate law.
  • The same is true in the cases of inheritance. With a prenuptial agreement, partners can make arrangements as they see fit instead of letting a court decide.
  • Prenuptial agreements are often quite beneficial for spouses with earlier marriages and children from those marriages. These spouses can use agreements to ensure that they adequately provide for their new children and spouses, while, at the same time, sufficiently caring for their ex-spouses and children from prior marriages.
  • Spouses with substantial personal or business assets can use a prenuptial agreement to protect those assets. If a court splits these assets in the event that the couple divorces without an agreement, the divorce could harm business partners and clients involved in those businesses.

Cons of Prenuptial Agreements

  • They can be a difficult subject to discuss and some people may take offense to mentioning them. A partner may interpret the suggestion of a prenuptial agreement as a lack of trust in the relationship. A Houston prenuptial agreement lawyer can help you and your partner understand that a prenuptial agreement is about protecting each other’s interests and not about mistrust.
  • Both partners in a couple must be completely honest with each other in order for a court to uphold a prenuptial agreement. Signs of fraud or unfairness could jeopardize a court’s recognition of a prenuptial agreement, leaving a couple in the same position as if they had never signed a prenuptial agreement.
  • It can be difficult for a partner to set aside his or her emotions and consider the prenuptial agreement, marriage, and potential divorce in a completely objective manner, but this is paramount for creating a satisfactory prenuptial agreement.

If you need help considering the pros and cons of a prenuptial agreement, contact a Houston prenuptial lawyer at John K. Grubb & Associates, PC to guide you through the process.

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