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How marital contracts can help

Prenuptial and postnuptial agreements are growing in popularity and have many new clauses and uses from reputation preservation to estate planning.

Prenuptial agreements were once considered needed by only a select few people-namely those with great wealth and extensive assets. Today's world is different and now more than ever, Texas couples can make great use of both prenuptial agreements and postnuptial agreements.

Valuable reputation preservation

Perhaps one of the newest uses for marital contracts is the ability to guard against very public slander. This is made easier than ever today thanks to social media. More and more prenuptial agreements created are leveraging social media clauses. Fox News explains that these are essentially stipulations that guide or restrict certain activities and posts made by one partner about the other in the online social world.

Such clauses should focus on actions that are truly reasonable and also those for which true harm can be proven. This may include damage to a business and resulting lost income.

Assistance in estate planning

Both prenuptial and postnuptial agreements can serve as useful aides to other estate planning documentation. Blended families, especially those in which spouses marry when their children are older and possibly even already have children of their own may find these especially useful. A marital contract can help to keep family heirlooms in their original families and prevent issues regarding parental assets after the death of one spouse.

Helping parents stay at home

For couples who make the choice to have one partner quit work in order to stay home with a child, the Daily Beast suggests that a postnuptial agreement may help. It can be a good way to ensure that the at-home parent will maintain a certain income level even in the event of an unfortunate divorce. This use of a marital contract is in light of the fact that most people cannot take several years away from a career and expect to return to it at a comparable income level.

Reasonableness matters

The Huffington Post points out that no matter the nature of or reason for a marital contract, the stipulations provided therein must be reasonable. For example, a stipulation that requires one party to retain a certain hair color, would not likely be able to be enforced and the inclusion of such unreasonable requests could put the legitimacy of the entire document in question.

Make it legal

Prenuptial and postnuptial agreements are legal contracts and therefore should be created with the right legal guidance. Each party should have a separate attorney to help ensure the accuracy and enforceability of such a document.

Keywords: prenuptial, agreement, contract

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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Turner, Bruce E.
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Phone: 800-486-9553
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Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

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