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Who might consider a postnuptial agreement?

The whole idea of drafting a marriage agreement based on "what if" can be hard for a Texas couple to confront. There are those who argue that prenuptial and postnuptial agreements carry an unavoidable whiff of cynicism because they address what will happen in the event of a divorce. But attorneys experienced in this area of law appreciate that well-drafted agreements are more reflective of a couple's depth of positive feeling for each other than the negative.

Context at the time such agreements are drawn up is always important. In a prenuptial situation, the married-couple-to-be is focused on trying to make clear how the couple will deal with separate and joint finances going forward. In some cases, the process might delay or derail things before vows are ever exchanged. Many would call that a better outcome than entering into a bad marriage.

Postnups reflect life changes

Most observers would likely agree that the key contextual difference between pre- and postnuptial agreements is life changes. Over the course of a couple's life together, many things change. Children might enter the picture. This might be in addition to children from previous marriages.

Financial situations of each spouse could change with career advancements or with the start of new business ventures. Each spouse's interests may change with the years and compete, creating unexpected frictions. Maybe one will come into an unexpected inheritance and want to keep the assets as separate property in the event of a divorce. Alternatively, the inheriting spouse might want to document that proceeds be shared in some particular way.

Perhaps the most important benefit of either of these agreements is flexibility. With each life change, a new agreement can be drafted, or an old one can be modified to suit current conditions. Ultimately, the objective is to manage personal expectations and minimize legal discord.

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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.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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