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Making informed decisions about prenuptial agreements

Many choices go into the decision to get married. That is equally if not more true when it comes to dissolving a marriage. Married couples in Texas often attempt to make a difficult and emotional process easier by drafting a prenuptial agreement. This instrument helps spell out who gets what in the event of a divorce. This document serves as a contract between the spouses, and if drafted properly, it will ease the divorcing process by eliminating complexities, disputes and lengthy decision-making.

Many include a premarital document commonly known as a "prenup" in order to indicate what a person brought into a marriage and what they will take from the marriage if it ends. In addition, it could address possible future issues surrounding property division and alimony. These are two very common issues that often prolong the divorce process because the splitting spouses do not see eye to eye.

Although prenuptial agreements can cover various marital and divorce issues that frequently present themselves, not all issues are covered. Most times property division and alimony payments can be pre-determined but issues surrounding child custody and child support cannot be spelled out in the document. In addition, consequences or sexual favors for bad behaviors such as unfaithfulness cannot be included in the document either.

When drafting a prenuptial agreement, both parties should be fully informed about what the document can do, what could be included and what makes it enforceable. Drafting the instrument is done with the expectation of easing the divorce process, but if it is not properly drafted, additional and often worse situations could ensue.

Making an informed decision is pertinent when it comes to documents and contracts such as a prenuptial agreement. Having an adequate perspective about current and future assets, debts and property will also aid the couple in the drafting process. Those seeking the draft such a document here in Texas may want to seek guidance about the process in order to ensure it is properly carried out.

Source: Huffington Post, "Unpacking Prenuptial Agreements," Caroline Choi, Jan. 31, 2014

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