Topics to cover in a prenup

Financial issues can be some of the most frustrating during a marriage and through divorce proceedings. The reality is that any Texas couple may benefit from creating a prenuptial agreement prior to marriage. This is not strictly aimed at detailing how assets will be handled in a divorce, but rather it is an opportunity for prospective spouses to work together at establishing a successful approach to handling money issues throughout the marriage. A carefully crafted prenup may minimize financial struggles from early in the marriage through the latter years.

Whether a couple may have significant assets at risk in a new marriage, interests of children from prior marriages to protect or no assets to speak of, a prenuptial agreement allows an opportunity to compare earnings, assets, debts, goals and habits. As these issues are discussed, a couple can work together to devise a strategy for handling debt, income and assets going forward. Additionally, a prenuptial agreement provides an avenue for committing to full financial disclosure in the future. Many marriages are undermined by the mishandling of money, an issue that can make a marriage more prone to divorce. While many view the idea of a prenuptial agreement as undermining to a marriage, this legal document could actually strengthen a relationship.

A prenuptial agreement that is not legally executed might carry little weight in court. Although the idea of DIY prenups has become popular, it is important to differentiate between an agreement to work together and a standard for handling the end of a relationship. Issues such as duress and timing of a prenup can play an important role as a court decides financial matters during a divorce.

A couple planning an upcoming marriage may wish to speak with a lawyer to determine what items to include. Additionally, an individual who may have signed a prenup under duress might seek legal assistance in contesting that document during divorce proceedings. A lawyer may be able to argue that such an agreement is not valid due to the circumstances surrounding its creation and execution.