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Misunderstandings about prenuptial agreements

| Oct 23, 2018 | Divorce |

Texas couples often have misconceptions about prenuptial agreements. This has led many soon-to-be spouses to dismiss the usefulness of a prenup. For example, some people think a prenup increases the possibility of divorce. However, statistics do not back up this assumption.

Some misconceptions can actually lead to a prenup that is improperly prepared and declared invalid. For example, there are limits to what can be included in a prenup. Agreements involving child support or unfair divisions of property can be invalidated. It is also important to make sure that both partners get adequate legal counsel before signing the agreement. If the agreement appears to have been coerced, which may the case if it is prepared right before the marriage or each person does not have an attorney, it could be thrown out.

Prenups are not just for wealthy people. Anyone who has property they are bringing into a marriage that they are concerned about protecting may want a prenuptial agreement. A prenup can also be useful for people who want to protect themselves from a spouse’s debts. Postnuptial agreements are possible as well, but they may not offer as much protection as a prenup.

While a prenup can make the process of property division in a divorce less difficult, negotiation may still be necessary. High-conflict divorces often require mediation. This approach is less adversarial than going into litigation, and the cost in terms of time, money and emotional impact may be less. If the divorce must go to litigation, an attorney may be able to help a client prepare.

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