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What to do when fiancé does not want a prenup

Divorces may be on the decline throughout the country, but they are still widely prevalent. For instance, Texas had 76,423 divorces in 2013, according to a report from Texas Health and Human Services.

A lot of the hassle associated with divorce could be circumvented if both parties agreed to a prenup beforehand. While signing a prenuptial agreement is a sound financial decision, many are against it. They assume signing a prenup basically means they are setting the marriage up for failure. That is often not the case at all, and there are various ways to talk about the subject with a fiancé so everyone is happy.

Talk about how both parties can draft up the prenup

Most of the time, prenups state that in the event of a divorce, both people retain their salaries and there will be no alimony. However, if the fiancé has a problem with this, a lawyer can make alterations. Prenuptial agreements are essential in states like Texas that are community property states. This means in Texas, married couples share everything from mortgage payments to credit card debt. A prenup sets up a clean division of assets if there is a divorce.

Go to a marriage counselor

This may seem extreme, but getting advice from an objective third party can be useful. A counselor can better explain the ins and outs of a prenup. This is also the time where it is good to discuss that while both people are obviously in love and care about each other, it is important to be realistic. Anything can happen in the future, and it is good to be prepared.

Ask why there is pushback

It is good for soon-to-be married couples to get to the bottom of any issues. When one partner has skepticism surrounding a prenup, it is best to ask questions about why he or she feels this way. It is also important for the person wanting the prenup to be open about why he or she thinks it is for the best for them and the marriage. 

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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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