Prenuptial or postnuptial agreements are a real downer. That’s not a fair view to take of these legal documents, but we would venture to say that it is the perspective many in Texas hold of them. The reason that such a take on these kinds of agreements is misguided is that it fails to reflect that they can have a positive influence on a marriage partnership.
While issues of possible infidelity or divorce may be addressed in a prenuptial or postnuptial agreement, the process of creating one can also help foster open discussion around critical topics. As many would surely attest, disagreements over money are often the greatest cause of marriage corrosion, and drafting a prenuptial or postnuptial agreement can help protect spouses from debt or secure the interests of children.
And they aren’t only useful in the context of marriages entered into with a license and some sort of ceremony. Common law marriage is legal in Texas and those entering into such unions can benefit from knowing that asset handling and other issues have been spelled out in a partition or exchange agreement.
As you might suspect after reading this far, the list of those who might gain the most from having a nuptial or partition agreement is not limited. You don’t have to be a wealthy celebrity or businessperson. You don’t have to be a couple in a May-December relationship. You don’t have to be young and just starting out.
All you really need is an attitude that acknowledges the value of good planning and interest in the protection of your significant other. From there, the next best step is to consult with an attorney who is as dedicated as you are to designing an agreement to strengthen your relationship.