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Prenuptial Agreements FAQs: Conroe Family Lawyer Answers

Posted by Chris Peterson | Jun 20, 2013 | 0 Comments

Prenuptial Agreements FAQs: Conroe Family Lawyer Answers

With marriage dissolution cases at over 50%, more prospective partners are looking for ways to protect assets in case their marriage fails. Prenuptial agreements and prenuptial alternatives in Conroe, Texas and other areas have become more widely used. That said, many who are considering a prenuptial are hesitant to venture into it because they fear the other partner will feel it reflects a lack of faith in the relationship.

The reality is that prenuptials and prenuptial alternatives in Conroe, Texas are greatly misunderstood. The following should help clarify some of the myths that have built up around these arrangements.

I'm Not Rich, So Why Would I Need a Prenuptial?

The notion that prenuptials are solely the domain of the rich and famous is a misconception. Today many individuals enter marriage at a later age; as such, they may have acquired certain assets that they want to protect.

Aren't Prenuptials only to Protect the Wealthier Spouse?

Nothing could be further from the truth. First, prenuptials are completely voluntary. Should the other partner not agree to the terms, it cannot be forced upon him or her. Moreover, a prenuptial needs to be fair, taking into account the needs of both prospective spouses. One that is one-sided will likely be deemed unenforceable by the court.

Don't Prenuptials Take Away from the Romance of the Relationship?

Prenuptials and prenuptial alternatives in Conroe, Texas do not need to be unromantic. Creating a prenuptial can actually be an undertaking that helps bond the couple further. Many seem to think that the wealthier partner simply writes up document that excludes the other from assets and then hands it over with a callous, “Sign this if you want to get married.” Only an unfeeling and unfit prospective spouse would handle creating a prenuptial that way.

Moreover, romance has its place, but so does reality, and to give the marriage its best chances partners should openly discuss assets and debts, along with other plans such as children and career goals. Thus, developing a prenuptial can be a means by which the couple develops a stronger, more enduring and healthier bond.

Can't I Simply Protect My Assets by Living with My Partner?

Living together is no guarantee that an individual will protect assets acquired before the relationship formed. Eventually the assets of both become community property, and as such are subject to equitable division just as if a legal marriage contract was in force.

Does a Prenuptial Have to Cover Every Matter That May Be Raised in Divorce?

Prenuptial agreements can be as complete as the couple wants them to be. They can be written solely to take into account premarital assets, or include any pertinent matters.

If You Have Further Questions

If you would like more information about prenuptials and prenuptial alternatives in Conroe, Texas and elsewhere in the region, the experienced family lawyers at Peterson Law Group would be pleased to assist. Call 936-337-4681 today.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.

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