As strange as it may be to think in these terms, a marriage is just as much a business relationship as it is a personal relationship in the eyes of the law. Because of the very real effects that marriage has on your personal property (especially in Texas, where we use community property division methods), a prenuptial agreement is often a vital piece of protection for those entering into a marriage. If you are considering creating a prenuptial agreement, it is worth weighing the disadvantages against the advantages.
One of the main drawbacks to a prenuptial agreement is the possibility of agreeing to property division guidelines that are significantly against your best interests. This is most likely in the stage of a relationship when you are flooded with positive feelings and less likely to soberly consider all the factors at play. While a prenuptial agreement is certainly wise to consider, if you are presented with one that will severely limit your right to claim a fair settlement in the case of a divorce, you may want to reconsider signing it.
In an ideal scenario, a prenuptial agreement removes points of conflict from a relationship rather than creating them. If your prenuptial agreement is created in the spirit of creating security and stability for both parties, and ensuring that neither party is unnecessarily put at risk in the event of a divorce, then you are on the right track. Texas has some of the more frustrating property division policies in the country, and many couples feel that they would prefer to have more of a say in how their property may be divided. Ultimately, your prenuptial agreement is best when you are able to make an expression of your love and care for each other, not an expression of your fear of how the other person may hurt you in the future.
Of course, each couple’s situation is different, and should be treated with care and individual attention. If you are ready to create a protective document that expresses the best in your relationship, consider enlisting the help of experienced attorney. With proper guidance, you can create the perfect agreement for your relationship and rest assured that each party’s rights and privileges will remain protected.
Source: Findlaw, “Pros and Cons: Premarital Agreements (“Prenuptials”),” accessed Jan. 13, 2017