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Are prenuptial agreements a good idea?

When Texas couples start talking marriage, reception hall dates, flowers and honeymoon destinations are usually the primary topics. People generally do not want to think about the possibility of marital breakdown during this time. However, given the rate of divorce in the United States, finances are and should be a significant concern.

Contrary to what many people believe, a prenuptial agreement is not a new idea. In fact, marriage contracts were largely the norm rather than the exception until women were able to own and manage property and funds in their own right. Today, many people are reconsidering the wisdom of prenuptial agreements that can help them understand what will happen to their assets and debts should the marriage come to an end.

There are several advantages to signing a prenuptial agreement. It first of all forces a couple to consider their finances and financial expectations. Since financial arguments are a significant contributor to marital breakdown, having a frank talk about money before marriage can often be a way of allowing the couple to better understand each other's perspective on this important topic.

Many individuals also have special needs that may need to be protected by this type of an agreement. For example, if one spouse owns a business, he or she may wish to protect it in case the marriage ends. Spouses who have disabilities may also wish to ensure that they will be financially provided for if the marriage does not work out. Children from previous relationships are also a consideration, and a prenuptial agreement can protect their interests.

Lawyers will remind their clients who are considering entering into this type of an agreement that there are certain topics that cannot be covered, as courts consider them to be against public policy. These include child support and child custody.

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