If you think that a prenuptial agreement is just a fancy way of bringing up divorce, think again. Prenuptial agreements do more than divide things between individuals. They are a powerful document that has the potential of bringing couples closer and prevent divorce in some cases. A prenuptial agreement attests to the pure sentiment a couple has towards each other and not just each other’s money.
Second, a prenuptial agreement also allows a soon-to-be-married couple to be 100% honest with each other by revealing each other’s assets and financial struggles, if any, entering the marriage. This is allowing the other person to know who and what they will be dealing with going into the marriage. Money is one of the biggest causes of divorce, so why not start by tackling that problem right off the bat.
Additionally, a whole family’s wealth might be put at risk if no prenuptial agreement is signed. When two people sign a prenuptial agreement, they are respecting each other’s family wealth and estate and not claiming anything from each other. Overall, signing a prenuptial allows couples to start fresh financially and build on something together.
If you and your partner are looking for that extra security in your marriage in case something is to happen, you need to seek a lawyer for a pre-nuptial. The Gonzalez Law Group understands that you’re not thinking about divorce but still want to be ready in case it was to happen.
The Gonzalez Law Group can meet with both of your after you call for a free consultation. One of the attorneys specialized in family law inside The Gonzalez Law Group will meet with you and discuss the next steps in your process. Their attorneys are transparent about the situation, so you’ll always feel like you have the process laid out in front of you.
Overview of Prenuptial Agreements
What is a Prenuptial Agreement?
A prenuptial agreement or a prenup is a legal agreement between two parties, usually soon to be spouses that dictate the financial ownership and accountability of each party in case of a divorce. Though it’s hardly the romantic part about getting married, prenups are done by a lot of couples, based on the fact that the divorce rate is still 42%. Even though it’s slow declining, one must be prepared.
Under Texas law generally, you will find the following details inside a pre-nuptial agreement that states what’s to follow in case of a divorce, separation, or fatality:
- Eliminating the need for alimony (optional)
- Life Insurance Beneficiaries agreement
- A will that attests to the agreement
- Rights of managing property
- Wealth Division
- Property Division
- Debt Division
However, there are some things that are not included in a pre-nuptial and stay the same in case of a divorce. When it comes to child support or diving parent’s child over the child, that is handled through a separate legal process that cannot be included inside the pre-nuptial. Similarly, any details involving criminal laws or public policies are not included inside the pre-nuptial and must be handled on separate terms.
Establishing a Prenuptial Agreement
The hardest part about developing a pre-nuptial agreement can be discussing it with your spouse to be. If you’re the one who’s really pushing for it, then you have to be careful when explaining why it’s important to you. If it’s your family’s wealth that you’re looking out for, you should be honest and talk about your family’s protection of their wealth. You need to be clear that a pre-nuptial is a preparation for the worst, even if the worst doesn’t take place.
Once you’re both on the same page, you have to make sure you’re both going to the right lawyer who can provide the pre-nuptial agreement for you. There are various ways in which a pre-nuptial agreement can turn invalid, so it’s crucial to hire the right attorney within the correct time frame to get it done for you. A pre-nuptial can become invalid if one or both parties are unaware of its content. Both parties need to read the agreement thoroughly to make sure they agree on every detail.
Every detail includes the rights of each party and the wealth division between both parties. If any party is unaware of the content or disagrees with any part of the agreement, the contract is invalid. An invalid pre-nuptial agreement can cause further problems during the dissolution of marriage because the couples would have to start from zero in terms of asset division. The agreement must also be done before the matrimony becomes official, otherwise, it’s invalid. Any marriage document alike a prenup done afterward is considered a post-nuptial, which must be labeled as such.
CDC Divorce and Marriage Data – This page provides statistical findings related to marriage and dissolution of marriage in the United States. The data includes information such as the current divorce rate, as well as an individual’s general attitude about divorce in different situations.
Prenup Popularity Amongst Millennials – CNBC has written a news page regarding the rate of people in favor of signing up a prenup rising between the newer generations. Millennials are more likely to sign-up for a prenup than their parents were because they’re more preventative about their futures.
Contact a Houston Prenuptial Agreement Attorney
Even though you hope for the best in your marriage, you always want to make sure that you prepare for the unforeseen. A pre-nuptial is a simple way to plan for any financial distress that might follow you if you ever get a divorce.
The Gonzalez Law Group is a family law firm that has experience working with couples and their financial planning and goals before saying I do. They will make sure both of you are getting what you want and expect out of the pre-nuptial. The Gonzalez Law Group will go step by step to how it’s done and what the law allows to be included in there. Call (832) 530-4070 to get a free consultation with one of the attorneys at The Gonzalez Law Group. The Gonzalez Law Group works with clients in Houston, Galveston, Katy, The Woodlands, and many more cities.