Getting married is a wonderful thing, and when two people are getting married, perhaps the last thing they’re thinking about is the possibility of a divorce later on. As such, when getting married for the first time, many couples don’t consider a prenuptial agreement. Although this is a very personal decision that you should discuss with your to-be spouse, it’s also important to consider the pros and cons of a prenuptial agreement, and when you should consider this legal document.
At the Law Office of Wendy L. Hart in Fort Worth, TX, prenuptial agreement and divorce attorney Wendy Hart has helped hundreds of couples with their marriage legal issues. We can’t say whether or not you will need this agreement, but we can help you through the entire prenuptial agreement process. If divorce does occur later on, we’ll be here to offer diligent, professional, and compassionate legal representation.
Below, we’ve included some common, but important, pieces of information regarding prenuptial agreements.
7 Reasons Why You Might Need a Prenuptial Agreement
Before considering when you should consider a prenup, you should maybe consider why you would need this legal document. Some reasons why you might need a prenuptial agreement may include:
- You are significantly wealthier than your partner. Signing a prenuptial agreement ensures that your partner is marrying you for you, and not for your money.
- You earn much more than your partner. In Texas, the maximum a court can order for spousal maintenance is $5000 per month or 20% of the paying spouse’s average monthly gross income, whichever is lower.
- You are re-marrying. Past marriages can cause some legal and financial difficulties for your new marriages, so a prenup may be a good idea for your estate plan, ensuring that, if you die, your assets are distributed according to your wishes.
- Your new partner has a large amount of debt. If you don’t want your partner’s debts after the divorce, a prenuptial agreement can help ensure that this doesn’t happen.
- You own part of a business. Without a prenup, and following a divorce, your ex-spouse may get part of the business. If your business partners don’t want this possibility, a prenuptial agreement may be essential.
- You don’t want your spouse to overtake your estate plan. A prenuptial agreement ensures that important family heirlooms, or other property, stay within your family.
- You plan on quitting your job to raise your children. If you plan on quitting your job to raise your children, a prenuptial agreement can ensure that the financial responsibility is shared fairly.
When Should You Get a Prenuptial Agreement?
After considering the pros and the cons of a prenuptial agreement, you may be wondering, “When should my partner and I start considering the prenup?” Because the engagement and the first stages of the marriage are often described as a “marital bliss,” one of the cons of a prenuptial agreement is that the timing just isn’t right.
Nonetheless, as its name implies, a prenuptial agreement is a legal document that you and your spouse should sign before you get married. However, you can get a similar document for after you get married. This is called a postnup agreement. Keep in mind that the postnup is not the same as the prenup, and it does have several limitations.
Call Fort Worth Prenuptial Agreement Attorney Wendy L. Hart
If you are getting married, and are unsure whether or not you need a prenuptial agreement, remember that this is a very personal issue that you should discuss with your to-be spouse. Prenups do have certain protections, but they also have limitations as well. As such, you can definitely benefit by speaking with a family law attorney. With years of experience, divorce attorney Wendy L. Hart has helped numerous Fort Worth and Mansfield-area residents with their divorces, prenuptial agreements, and more. If you are considering a prenup, or you are getting divorced and you need to speak with an experienced and professional attorney, call our Mansfield-Fort Worth family law office today at (817) 842-2336.