You are preparing to marry, and you naturally do not want to mar this happy time in your life with the dark cloud that many people associate with a prenuptial agreement. The fact is, however, that a prenuptial agreement in no way increases the chances that your marriage will end in divorce. It can provide you with a variety of benefits that you may want to take into consideration.
A Second Marriage
If this is your second marriage, and you have kids from a previous marriage, a prenuptial agreement can provide you with the peace of mind that comes from knowing that your children's inheritance is protected. Further, if you are entering into a second marriage, you may be at the point in your life that you have amassed some personal wealth. A prenuptial agreement can help you retain those separate assets as separate in the event of divorce. This agreement can be especially useful if your separate property is something that has been handed down through your family and that you want to ensure remains solely in your family. A family farm or business is an excellent example of this kind of property.
Your Prenuptial Agreement
A prenuptial agreement can provide a roadmap for your financials if your marriage ends in divorce. It is not an invitation to divorce and does not mean that you are not all in on your marriage. While prenups once got a bad rap, they have come to earn their status as a useful legal tool. A prenuptial agreement spells out your financials as you and your partner enter into marriage and can help you better understand how those financials will be disentangled if your marriage does not last. Many couples find that their prenuptial agreements serve as an essential reminder of how important it is to maintain a healthy marriage.
What Your Prenuptial Agreement Cannot Do
Prenuptial agreements address your marital financials as they relate to your assets and can also address the issue of spousal maintenance – or alimony. Your prenup, however, cannot address two crucial divorce issues that include:
- Child Custody Arrangements – Child custody arrangements are made per what is in the children's best interests at the time of divorce and cannot be predetermined.
- Child Support – Child support is based on the State of Texas’s calculation guidelines, which considers both of your financials at the time of divorce. Again, this cannot be predetermined.
Learn More from an Experienced Attorney
If you are preparing to marry and have questions or concerns about prenuptial agreements, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a dedicated family law attorney with the experience and wisdom to help you explore your best legal options. You can count on our insightful and intelligent legal guidance, so please contact or call us at 254-501-4040 for more information today.