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Prenuptial agreement pros and cons

On Behalf of | Sep 3, 2014 | Prenuptial Agreements

Many couples agree that having the open conversation about finances that is necessary when drawing up a prenuptial agreement can strengthen their relationship and avoid conflict later. Others still are loath to get a prenup because it means addressing the possibility that the marriage may not last. The decision about a prenuptial agreement is one that each couple has to make for themselves. However, before you rule it out, it’s wise to consider the pros and cons.

Most people come into a marriage with assets as well as debts. A prenup can help you protect the assets you bring into the marriage. On the flip side, if one spouse has considerable debt, a prenup can help prevent the other spouse from getting saddled with that debt.

Even couples who marry young and have no significant assets of their own may be in line for inheritances with financial and/or sentimental value. This can include property, heirlooms and other assets that they want to protect and keep in the family.

Prenups are particularly significant when one or both spouses has children from previous relationships. They may also have other family members who count on them.

Of course, there are cons to a prenup. However, many of them simply involve understanding what a prenup can and cannot do. Even the most thorough prenup does not ensure that a divorce will be free from contention. A prenup cannot predict every possible contingency.

Further, people feel far more generous when drafting the prenup with their betrothed than after the relationship has soured. They may find themselves unhappy with the terms of the prenup they signed back when they were madly in love.

Lastly, a prenup can be decidedly unromantic. It requires a couple in the midst of planning for one of the happiest occasions of their lives to sit down and discuss the cold facts of who gets what if it all falls apart.

Before you make a decision about a prenup, both people should take a hard look at their current and potential future assets and liabilities, discuss the matter with their families and seek legal advice. Experienced Texas family law attorneys understand that no engaged couple enjoys discussing the financial ramifications of divorce, but they work with them to settle these matters so that they can move forward in their new life together.

Source:, “Should You Get a Prenup?” AJ Smith, Aug. 29, 2014