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A prenuptial agreement: Insurance for a partnership

For Houston couples who are about to walk down the aisle, the last thing they want to consider is walking, someday, into a divorce attorney's office. However, even the most compatible of matches can come to an end if the situation just doesn't work out. Still, when a marriage draws to a close other issues may just be beginning, which is why a prenuptial agreement makes sense even if divorce seems highly unlikely.

One of the reasons why a prenup is so valuable is because it can function like an insurance policy. Most Texans wouldn't think twice about getting insurance for their house, car, boat or even their life. Still, with marriage there is sometimes the assumption that even considering a prenup means beckoning a divorce. A prenuptial agreement is only utilized, though, when things go awry, just like an insurance policy. As a result, a prenup needn't be thought of as an invitation to part ways, but rather as a reasonable protection "just in case."

In Texas, prenups can be used for property division purposes, such as deciding which spouse will keep which assets if a divorce should ever take place. While this may not seem overly important before the wedding day, the issue can become very messy if a prenup doesn't exist and divorce rears its head down the road. Prenups, though, can also cover other issues such as children from prior relationships and debt that either spouse holds when entering the marriage. In today's age of student loans, it is especially important for prenuptial agreements to address this topic. In addition, it is important that couples take time to draft a prenup well before they walk down the aisle, in order to ensure that both parties understand and agree with its terms.

Since a prenup generally focuses on financial interests, the drafting of a prenuptial agreement can be a springboard for productive discussion on the topic. One of the main concerns over which couples fight is money, so a prenup can also carry the potential to quell some arguments before they even start.

Source: The St. Louis Post-Dispatch, "Plan your divorce before you plan your wedding day," Jim Gallagher, Feb. 23, 2014

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

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