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Getting a prenuptial agreement before marriage

For some Texas couples, the idea of signing a prenuptial agreement prior to getting married is seen as a red flag. However, this document can protect both individuals should they divorce later in life or if one spouse becomes incapacitated and cannot make decisions or dies.

Since more couples are getting married later in life, they often bring significant assets such as businesses, property and family heirlooms to their unions. A prenuptial agreement will clearly list which assets are separate, meaning that the person who brought them to the marriage will keep them should a divorce occur. However, any increase in value may not be protected.

Prenuptial agreements are not designed to only benefit the spouse who brings the most wealth into a marriage. It will also protect any assets that are accumulated during the marriage, meaning that a person will not be cut out of any property or assets to which he or she may be entitled. Without a prenup in place, a divorcing couple may not have much say in how their assets are divided.

The property division process during a divorce can be stressful for both former spouses. If there is a prenuptial agreement in place, a family law attorney may confirm that it's still valid. In some cases, a lawyer may deem the document invalid if there is evidence that one party signed the prenuptial agreement under false pretenses or unwillingly. When this happens, the courts often end up determining who gets what. An attorney may negotiate with the other party if one of the spouses is interested in keeping the family home or other marital assets.

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