While marriage certainly shouldn't be considered as a business proposition, people should realize that the act of marriage creates a legally binding contract between the two spouses. No Texas business owner is ever considered anything but wise by planning for the possibility of an exit strategy, but somehow, the prospective spouse who presents a prenup is often met with resistance from the other party or family member.
While it cannot be denied that there is a certain loss of romantic idealism when a prenuptial agreement is in the conversation, experts point to several very good reasons why it can be beneficial to one, or, perhaps, both parties. Long gone are the times when the norm was for couples to marry young and stay married until parted by death.
Far more common today are second marriages and blended families. When an intended spouse has a significant reason to protect an existing relationship or asset, a prenup makes all the sense in the world. Without a prenuptial agreement, for instance, property division is handled according to state law. With a valid prenup, a couple decides how the assets and debt should be split according to what makes sense to them.
Any time a married couple can agree on any aspect of their relationship, whether before, during or after, there is a far greater opportunity for satisfaction as opposed to when a court imposes a ruling. It is important, however, that when drafting a prenup or another agreement, each side is represented by his or her own family law attorney. This keeps the playing field level and prevents any cloud of uneven dealing or coercion from descending.