When Should I Consider a Prenuptial Agreement?
The short answer to this question is: whenever you stand to lose something important if your marriage should come to a premature end. For dependable advice about the pros and cons of a prenuptial or postmarital agreement, or for help reviewing or negotiating a proposed prenup, contact a lawyer at the Law Offices of Wendy Wood for a free consultation.
We advise people about prenuptial agreements in Houston and Bryan
Wendy offers the full range of client service in prenuptial or postnuptial agreements: helping you decide whether a prenup is right for you, negotiating the terms, reviewing a marital contract proposed by your fiance, drafting or revising the terms of a prenuptial agreement, or when necessary, defending or enforcing the terms of a prenuptial agreement in court.
Just as a last will and testament allows a person to leave property to others in a way that departs from the default inheritance rules provided by law, a prenuptial agreement allows people to define their marital property rights in a way that varies the provisions of the Texas Family Code.
For example, the parties might agree to provide alimony in a certain amount or lump sum under varying conditions. Certain property that might otherwise be characterized as part of the marital community could be designated as separate. For people with an interest in a professional practice or a closely held corporation, your equity partners might insist on a prenuptial agreement to keep your spouse out of the business in the event of a divorce.
A premarital contract cannot vary the rights of either spouse in such a way as to reduce potential child support obligations. The closer the prenuptial agreement sticks to subjects like property division or alimony, the more likely it will stand up in court.
Sometimes a postnuptial contract can protect both spouses' interests
Some people in difficult marriages find that a postnuptial contract can help them stay married while resolving problems between them. Access to government benefits or tax considerations can sometimes discourage people from divorcing. In other situations, a sudden increase in one spouse's income or appreciation in the value of premarital assets might create an incentive for taking a close look at each spouse's rights and objectives.
The advice of a knowledgeable attorney can help you find ways to protect your interests and promote your financial security both before and after marriage. To learn more about the ways a carefully-drafted prenuptial or postnuptial agreement can help you, contact the Law Offices of Wendy Wood in Houston or Bryan.
