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Post-nuptial agreements mirror prenups' practicality and purpose

Many Texans are familiar with the term "prenup," even if they're not completely knowledgeable about what the safeguard can and cannot do. However, another document is fast becoming a well-known term for married couples throughout the United States: post-nuptial agreement.

In Texas, a prenuptial agreement can perform several functions: it can outline some of the most important legal issues a couple might face upon divorce, it can serve as a template for calmly discussing such issues, and it can also delve into specific details regarding property division, one of the most complicated aspects of a divorce if there is no prior agreement.

Some engaged couples may balk at the notion of a pre-marriage contract of sorts, finding the idea pessimistic or unromantic. However, the hustle and bustle before a wedding can illuminate the practicality of such a document. During this hectic time, families are blended together, finances are merged, and community property takes shape.

As many busy families know, sometimes there just doesn't seem to be enough time to ponder a prenup before saying "I do." Thankfully, post-nuptial agreements are emerging as a popular option to address family issues after walking down the aisle.

Practically, a post-nup is completed in the same manner as a prenup. Both spouses must agree to the conclusions they reach, and professional legal advice is essential to make sure the end result is equitable.

Ken Altshuler, of the American Academy of Matrimonial Lawyers, notes that post-nuptial agreements can bring clarity to a conflicted situation. With divorce rates on the rise, such a document can add reason and objectivity to an emotionally-charged experience.

When married people sense discord between them, argues Altschuler, a "what-if" plan in case of divorce is highly beneficial.

Source: FOX 42 News, "Post-nuptial agreements growing trend in marriages in U.S" Franque Thompson, Jan. 3, 2013.

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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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