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A simple prenuptial agreement mistake that many couples make

On Behalf of | Feb 14, 2024 | Prenuptial Agreements |

Many engaged couples decide to execute a prenuptial agreement for each partner’s mutual benefit. Both spouses might prefer to avoid the risk of a messy divorce or conflicts fueled by uncertainty about marital property. They may have very little difficulty negotiating terms for the prenuptial agreement because each spouse has very specific needs.

Sometimes, engaged couples rush through the process of drafting and signing a prenuptial agreement and then assume that it can protect them if they file for divorce later. Unfortunately, many Texas couples make the same mistake about prenuptial agreements that could affect their usefulness if they later divorce.

Couples might decide to share a lawyer

At first glance, the idea of sharing a lawyer to draft a prenuptial agreement might seem rational and even clever. The fiancés can reduce expenses by having one legal professional put together their prenuptial agreements in accordance with Texas state law.

Unfortunately, either spouse might then use that decision as means to undermine the agreement’s validity later. Typically, the strongest and most enforceable prenuptial agreements include terms that benefit both spouses. They are also subject to careful review by a lawyer representing each individual spouse.

That way, the people committing to certain terms have a legal advocate seeking to act in their best interests. When each spouse has their own lawyer review and approve the prenuptial agreement, the chances that someone could later claim they didn’t understand the agreement or felt coerced into accepting unconscionable terms are far lower.

At the end of the day, learning from the mistakes that other people make when drafting prenuptial agreements can help engaged couples take some of the risk out of the process.