Do I Really Need a Prenup?

Prenuptial agreements, also called prenups, are legally binding contracts couples will enter into before marriage. Prenups often have a bad reputation because people sign them in preparation for a potential divorce. However, they do have many benefits.

A prenup can allow a couple to establish procedures and rules for issues that may happen in the future, and distinguish between what is separate property and what is community property. In the event of a divorce, a prenup can also help the couple reduce conflicts and aim to preserve separate property assets or income before marriage. Under Texas law, the general rule is that income from separate property is community property; so, under a prenup, couples can agree that income from separate property stays separate property.

Most of the cons relate to negative perceptions of the prenup. Many believe they are not romantic, and they might dull the relationship in some way. Others might feel resentful if a partner brings it up because, to them, it could signal a sign of distrust.

If you don’t want to worry about a prenup now, you can always get what is called a postnup later. These are agreements made after marriage. Likewise, state laws cover all the issues that will come up in a divorce later. If these laws are perfectly ideal for you, you might not need a prenup at all.

If you’re interested in discussing a prenup with an experienced professional, talk to our skilled Flower Mound family law attorney today. Phillip M. Herr, Attorney at Law has more than 15 years of legal experience to offer your case. He can help address your questions and concerns, and, if you decide to get a prenup, he can help you tailor one to meet your needs.

Contact us at (469) 314-9216 or fill out our online form to schedule a case consultation today.