A Prenuptial Agreement is a contract made between a couple usually before they marry and includes what property or wealth belongs to whom and what happens to any inheritances. When a marriage takes place in Texas, the spouses must combine their property, but if something happens, such as divorce or a death, they must separate their accumulated belongings. This can lead to disagreements of ownership which is where a Prenuptial Agreement can help.
A prenuptial agreement basically allows spouses to make a plan on the dividing of property or wealth in the event of a divorce or death. Sometimes it is a matter of protecting the inheritance of family members should one spouse die or both spouses apply for a divorce, making sure the property and wealth of the spouse goes to the intended appointee. Another reason may be to protect both spouses from going into debt if one spouse has a debt to pay off, but the other does not.
According to a divorce attorney in Fort Worth, a prenuptial agreement can be a powerful document to help administer the inheritance of property in a divorce proceeding or after a death, limit how much one spouse is affected in a divorce, secure child-support rights, and even assist in the making of a will. It can also set a requirement that must be fulfilled before a divorce can be announced, such as attending a certain amount of marriage counseling appointments.
All the actions listed are potential aspects of a prenuptial agreement, but these factors and decisions must comply with the Texas Family Code and be mutually agreed upon by both parties. This means there are limitations to this agreement such as placing limits on child-support and custody or attempting to avoid paying current debts. In addition, all things listed in the agreement must be fair and just to both parties and legally agreed upon, otherwise it is considered null and void.
In short, yes, the agreement is worth doing. It may be uncomfortable as it brings up the possibility of a divorce, which no happy couple wants, and it also addresses the possibility of the death of one spouse, another uncomfortable topic. But should a divorce or death happen, possessing this agreement makes the process of settlement smoother and keeps both parties accountable to their word in case an issue or a disagreement arises.