If your wedding day is swiftly approaching when your betrothed surprises you with a prenuptial agreement, it is only natural to be taken aback. The fact is that prenuptial agreements do not have great reputations, and most people associate them with nothing so much as divorce. Nobody wants to move forward into marriage with the prospect of divorce looming before them in the form of a contract. Understanding what a prenuptial agreement is – and is not – however, can help you make the best decision for you in your unique situation.
Considering the Prenuptial Agreement
It is one thing to come to a mutual decision with your intended regarding a prenuptial contract, and it can feel like quite another to be unceremoniously presented with such an agreement. If you are wrestling with how you feel about a prenuptial agreement, there are several questions you should ask yourself, including:
- Is this contract mutually beneficial, or does it feel one-sided?
- What is it that you – together or separately – are trying to protect with the prenup?
- How familiar are you with your soon-to-be spouse's finances?
- How does the contract serve you personally?
- Do you have a reasonable understanding regarding Texas property law?
If any of these questions give you pause, it is time to consult with an experienced Central Texas divorce attorney.
Your Prenuptial Agreement
Prenuptial agreements can be as simple or as complicated as you want to make them. Some couples simply delineate their separate property, and others go so far as to dictate exactly what will happen to their properties in the event of a divorce or in the event of one spouse's death. In other words, a prenuptial agreement modifies the state's community property laws as they apply specifically to the couple in question. Such modifications can affect not only your financials if your marriage does end in divorce but also your estate planning.
A Binding Contract
Many couples have very good reasons for pursuing prenuptial agreements, but it is not something that you should enter into without careful consideration. The fact is that a well-crafted prenuptial agreement is legally binding, and changing your mind later will not alter the fact of the contract. If your soon-to-be spouse springs a prenuptial agreement on you, there is no reason to panic, but there is every reason to consult with an experienced Central Texas divorce attorney before you even consider signing the contract.