A prenuptial agreement is a written contract between engaged individuals that can help to minimize their risk levels should they eventually opt to divorce. The typical prenuptial agreement discusses how people intend to divide marital income and assets acquired while married, as well as how pre-existing resources, like a small business or a home, that they already own before getting married will be managed in the event of a split.
Prenuptial agreements protect each spouse from financial challenges in the event of a divorce and also serve to minimize the conflict and expense involved in divorce proceedings. Setting financial expectations before one weds can also help a couple to begin their married life on more stable footing. How might someone who sees the value in a prenuptial agreement broach the idea with their fiancé?
Explain the use of prenuptial agreements
Many people feel opposed to prenuptial agreements in part because they don’t understand their function. They have heard stories of these documents protecting one spouse at the expense of the other and leaving people in very vulnerable positions in the event of a divorce.
Modern prenuptial agreements in Texas generally need to have provisions that protect each spouse or the courts might deem the contracts unconscionable and refuse to uphold them. Therefore, a prenuptial agreement should offer protection and benefits to both parties, including protection for certain vulnerable assets and clarification for matters like how they will divide marital income when they divorce. If someone understands that it is a document that should benefit both people equally, they may feel more comfortable with discussing a prenuptial agreement.
Explore how they can strengthen a marriage
Some people think that prenuptial agreements are like planning to fail and that those who draft these agreements will inevitably divorce. However, having clarity about one’s obligations and the expectations of a spouse can actually help people develop a stronger and healthier marital relationship.
When people have to talk about difficult issues, such as what might happen if they divorce or how they would support their children if their marriage ends, they may be more likely to work cooperatively with one another during the marriage and less likely to romanticize the idea of divorce. Many couples find that prenuptial agreements both strengthen the relationship that they have with one another and take some of the fear out of the process of getting married.
Being courageous enough to talk about prenuptial agreements with a fiancé could lead to better protection and a stronger relationship that can eventually benefit both parties.