Should I Sign a Prenup?
If you are preparing to marry and have been asked to sign a prenuptial agreement, it’s important to take the matter seriously and give it careful consideration. First of all, a prenup is not an indictment of your marriage before it has even taken place. Instead, a prenuptial agreement is nothing more than a contract that addresses marital financial matters prior to them becoming an issue, and they are sometimes an excellent tool for defusing potentially contentious financial issues before they arise – or even for avoiding them altogether.
What you should not do, however, is sign a prenuptial agreement before you have discussed the matter with an experienced Fort Worth divorce attorney who can protect your rights.
What a Prenup Does
Your prenuptial agreement will determine how decisions based on your finances will be resolved in the event of a divorce. The prenuptial agreement ensures that this decision-making power remains with you and your spouse – rather than being turned over to the court.
A prenup allows you the opportunity to address financial issues, discuss them rationally, and determine how they will be resolved if your marriage does end in divorce – all prior to marriage. What a prenuptial agreement does not do is doom your marriage to failure or even make divorce more likely.
Common Reasons for Seeking a Prenuptial Agreement
People have any number of reasons for wanting prenuptial agreements, but there are three important reasons that are most common.
One of You Has Greater Separate Assets
Separate property that you bring into your marriage with you tends to remain separate throughout and beyond your marriage. There are exceptions, however, and a prenuptial agreement can help ensure that the separate nature of your property remains distinct. On the flip side, a prenup can help ensure that the spouse with fewer assets and/or with less earning power receives fair support in the event of divorce.
One or Both of You Are Investors
A prenup can help ensure that your separate investments, including property and/or a small business, remain separate and are not divided in divorce.
You Plan on Having Children
If you plan on having children, one of you may give up his or her job or may work considerably less in response to this responsibility. A prenuptial agreement is an excellent way for that spouse to ensure that his or her contribution to raising the children doesn’t leave him or her at a financial disadvantage in the event of divorce.
An Experienced Fort Worth Divorce Attorney Can Help
The trusted Fort Worth divorce attorneys at The Law Office of J. Kevin Clark have the proven experience, knowledge, and legal insight to help you master your prenup concerns regarding whether or not you should sign. Our dedicated legal team is on your side and here to help, so please don’t hesitate to reach out by contacting us online or calling us at 817-348-6723 for more information about what we can do for you today.