Compassionate Legal Guidance | Aggressive Courtroom Advocacy

How to talk about a prenup agreement

On Behalf of | Dec 23, 2019 | Divorce |

Couples in Texas who are planning to wed might be considering a prenup agreement. While some people feel anxious about what this might mean, experts recommend signing one as it can clearly define financial boundaries and avoid additional problems in case of a divorce. However, for many people, talking about the prenup can cause distrust and anger. One way to avoid this is to approach the conversation empathizing with a future spouse’s concerns while still being honest about what each expects.

In the past, people associated prenuptial agreements with wealth, but today, getting a prenup is a good idea for those of modest means too. Whether both spouses are coming into the marriage with assets such as homes and businesses or only one is, establishing what will be considered separate and marital property from the beginning protects both. Because prenups are tailored to the needs of each couple, they can include a sunset clause where the prenup expires once the couple is married for a pre-established number of years. It can also be specific about certain assets. For example, if one person bought a house before the marriage but their spouse will help continue paying for the mortgage after they marry, a prenup can establish the shift of ownership as time goes by so that both spouses become owners as their marriage continues.

There are some important things to keep in mind when it comes to prenups. One is that both parties should be open and honest about their concerns and understanding about their future spouse’s concerns. They should also both have independent legal counsel as they draw up and review the prenup document.

If the marriage does end and the couple decides to divorce, then consulting a family law lawyer is recommended. The lawyer may offer guidance as well as representation during negotiations and when they need to appear in court.


FindLaw Network