Does a Prenup Protect Both Parties?
If you have questions about prenuptial agreements, talk to a Texas family law attorney
Getting married is a huge decision. Before you enter into it, there are many things to think about. You will need to consider where you will live, whether or not you and your partner want children, how you will make decisions as a couple and resolve disputes, and more. And one thing that you will certainly need to think about is whether or not a prenuptial agreement is right for you. In thinking about this, you may be wondering, Does a prenuptial agreement protect both parties?
Protecting You and Your Spouse with a Prenuptial Agreement
The short answer to the above question is “yes” - a prenuptial agreement can be used to protect the interests of both parties. This is because a prenuptial agreement can be used to protect either party from the debts of the other; to ensure that either party’s children from another marriage are provided for; to protect the assets of each party; and to help both parties understand the financial obligations and responsibilities of the other.
What Cannot be Included in a Prenuptial Agreement
Another reason that a prenuptial is designed to protect both parties is that there are certain things that cannot be included in the prenuptial agreement.
A prenuptial agreement cannot be used to make any decisions about child custody or child support. In general, it cannot be used to address non-financial matters. Additionally, it cannot contain any provisions that are illegal. It cannot be unconscionable, which means that it cannot contain any provisions that are unjust or grossly unfair. For example, a court may find it unconscionable to have one spouse completely waive their rights to spousal support.
What is more, a prenuptial agreement should be signed by spouses without any duress and of their own free will - if this is not the case, a court can rule that the agreement is invalid. It is strongly recommended that both parties have their own legal representation during the process of forming a prenuptial agreement, too, just to be sure that the interests of both are protected.
Why Form a Prenuptial Agreement
Not only can a prenuptial agreement be used to support the interests of both you and your spouse, but a prenuptial agreement can also give a sense of peace of mind. In the event that you divorce, you will not have to go through the divorce battle that so many couples face, because you will already have an agreement drafted. It is also a good exercise in compromise before you get married, and because you will need to disclose all of your assets and debts in order to form a prenuptial agreement, it also will give you insight into both your and your future spouse’s financial situations.
Call Our Pearland TX Prenup Attorney Today
Forming a prenuptial agreement can be a smart choice. To learn more about prenuptial agreements and how our lawyer can represent you in creating one, please contact our law office directly today or send us a message telling us more about how we can help you.