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Bringing up the benefits of prenuptials to a future spouse

The process of bringing up the idea of a prenuptial agreement is never an easy one, even if both engaged partners share the same views on how to proceed with the matter. In Texas, a prenuptial agreement can cover many different topics. Thus, it may be difficult to determine if such an agreement is right for a couple and, if so, what it needs to include.

One of the primary purposes of a prenuptial agreement is to protect each spouse's property interests in the event of divorce. Since the prospect of divorce is rarely, if ever, on the minds of engaged couples, it can be especially tough to mention the benefits of a prenuptial agreement to a future spouse. Still, the perks are substantial. A prenuptial agreement can prevent the possibility of drawn-out divorce battles down the road regarding property division. A couple can accumulate significant property during a marriage. Without a prenuptial agreement, precious assets can be fought-over in court - a process that can be costly as well as time-consuming.

There are many additional benefits of prenuptial agreements. If one or both spouses are entering a marriage with significant income, for example, it can be protected from the impact of divorce. Children from a prior relationship can be protected as well, since a prenuptial agreement can safeguard inheritance rights of children and grandchildren. If one spouse is bringing debt into a marriage, as many are nowadays in the age of student loans, a prenuptial agreement can protect one spouse from having to assume the other's debt upon divorce.

In the event of marriage dissolution, one of the most contested topics is often spousal support. However, a prenuptial agreement can address this issue beforehand, too, and limit or eliminate the amount that one spouse may have to pay to the other upon a marital breakup.

Finally, a prenuptial agreement can be significantly beneficial for those who run their own business. These agreements can keep the business together during divorce and also limit the control or involvement of one's former spouse in the post-divorce business operations.

Source: FindLaw, "Pros and cons: Premarital agreements," accessed Aug. 30, 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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