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Do I really need a prenup in case of divorce?

Prenuptial agreements are a fantastic planning tool for soon-to-be married couples. Virtually every couple in Texas could benefit from the protections afforded by prenups, but some people are understandably hesitant to utilize these marriage contracts. For those uncertain about whether a prenuptial agreement is appropriate for them, it is important to consider what is at stake in a divorce.

It is not uncommon for people to carry large amounts of debt, particularly when it comes to student loans and credit cards. Even if this debt was taken on before a marriage, it is possible that it could still be treated like marital property and subject to asset division. A prenuptial agreement can make certain that debt incurred before marriage remains separate property, and that any debt accumulated during the marriage is owed only by the person who took it out.

Even if neither party has any significant amounts of debt, they may still have important or complex personal assets that they do not want compromised. A large inheritance, business interests, real estate or other personal property can potentially become marital property if commingled or mishandled. A thorough prenup can ensure that these important remain personal, and that they will not be divided during a divorce.

Business owners, those with complex assets or people who are marrying someone with significant debt may all benefit from the various protections found within a carefully worded prenuptial agreement. Aside from offering a clear pathway during divorce, this important planning tool can also help create open dialogue between soon-to-be spouses. However, Texas family law can be complex, so couples should be vigorous when creating their agreements and seek out experienced guidance when necessary.

Source:, "Should I Get a Prenup?", Jen Glantz, Dec. 3, 2017

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