When a couple in Texas is in love and just about to get married, often the very thought of the possibility of the marriage ending at some time in the future might seem like heresy. The stark reality, however, is that about half of all marriages do end in divorce. Additionally, even those that don’t, do end at some point because of death. Given those two facts, a reasonable and prudent thing to do is to have a prenuptial agreement.
Such agreements are particularly useful in second or subsequent marriages in making sure that children from an earlier marriage are adequately provided for in the event of a death in the marriage or a divorce. In instances where both new spouses have such children, a prenuptial agreement can help protect each of their children, recognizing that both spouses may have brought substantial separate assets into the marriage.
It is much easier to iron out these things at the start of a marriage, when both spouses are on good terms and cooperative than to wait until the marriage has broken down or been abruptly terminated by an unexpected death. Trying then to work out reasonable solutions may be difficult or impossible.
A prenuptial agreement can also protect the integrity and continuation of a small business or professional practice built up prior to the marriage from the prospect of dismemberment after divorce or death. In addition, it can also address what happens to a family home, investments, a vacation cabin, or funds in savings or retirement accounts. The thing to do is to sit down with a family attorney and learn what some of the possibilities are and what options might work as solutions to your particular circumstances.
Then don’t be afraid to speak to your soon-to-be spouse. They may take it much better than you think. After all, the best marriages are based on open communication, and if you can talk about a prenuptial, you can probably talk about anything.
Source: The Huffington Post, “Why I’m Getting a Prenup — and You Should Too” No author given, Dec. 26, 2013