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Expert Strategy For Your Family |Texas Board of Legal Specialization Family Law Attorney

Which is better for you: a postnup or a prenup?

| Nov 12, 2018 | Divorce

Getting married is a serious step to take for couples in Texas and elsewhere. Even if a couple decides to forego a huge wedding and get eloped, the marriage process is what brings a couple together in many ways. One of these ways is financially. Unless steps are taken to keep assets and property separate, marriage is what unifies the finances of each spouse. While this may not seem like major deal, as a couple seeks to grow as a unit, it can be problematic in the future if the marriage does not work and divorce is filed for.

One ways couples address this concern is by including a prenuptial agreement in their union. This legal document is entered into prior to getting married. It details how certain assets and property will be treated and how everything will be divided in the event of a divorce. Because it can be a difficult conversation to have, some couples forego a prenup; however, these couples later on regret it.

If a prenup is not entered into, it is still possible to get the same protections of a prenup after saying I do. A postnuptial agreement is available for married couples in certain circumstances. Sometimes this document is used to get a marriage back on track after entering a period of unhappiness. It is also used in the event that a coupe moves abroad. Finally, a postnup is frequently used when a spouse comes into money, whether it is due to their career or an inheritance.

While these legal documents cannot protect against divorce, they do have the power and authority to protect the assets and property of couples getting a divorce. Dissolving a marriage can be a challenging and emotional time; however, it is important to understand how a prenuptial or postnuptial agreement can come into play, easing this process.

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