Should all couples have prenuptial agreements?

Often, when couples come to an attorney to set up a prenuptial agreement, one or both partners have strong misgivings. This is understandable, especially considering the negative stigma that prenups have among some parts of the population. One of the most common concerns that couples have about creating a prenup is that it “encourages divorce” or otherwise weakens their relationship.

From a legal standpoint, a prenuptial agreement is clearly wise for every couple who chooses to marry. That’s especially true in states like Texas, where divorcing couples are legally required to split their marital property evenly, without much flexibility. In the absence of a prenup, a Texas divorce can get messy even for couples who wish to keep things civil and amicable.

It may prove useful to consider the ways that a prenuptial agreement strengthens rather than weakens a relationship. To create a strong prenuptial agreement, both parties must understand each other’s financial affairs sufficiently. Practically, this means that both sides must face very difficult questions about their own relationships to money and how these may affect their marriage.

Some may argue that “if our love is pure, then we don’t need a prenup,” and these couples have every right to build their marriage any way they see fit. However, a couple that can bear the responsibility and pressure of addressing money issues before getting married is often better equipped to venture into the unknown and build a life together.

If you are marrying soon, take great care to address these issues directly and protect your rights for the sake of your marriage and the one you love.