Getting a premarital agreement in no way reflects on the love and trust of the relationship. Look at it like a business discussion, along the lines of how you will deal with your finances after the marriage. The purpose of the premarital agreement is to protect both parties from whatever eventualities might occur in the future. Even if it is death or divorce. No one goes into marriage expecting to get divorced. But having a premarital agreement provides an opportunity for the couple to create and plan for how they will deal with their finances. A prenup in Texas can go much farther than just who-gets-what in case of divorce. It can outline financial goals and priorities during the marriage as well.
Couples that don’t plan to marry (or same –sex couples who cannot marry under Texas law) can enter into domestic partner agreements in Texas that operate much like a premarital agreement. Even married couples can enter into contractual agreements during the marriage to address financial issues – this is usually called a post-marital or partition/exchange agreement.
One factor that can increase or decrease the trust a couple has in discussing the prenup is how close to the wedding the issue is raised and addressed. If it comes up a day or two before the wedding – then there’s probably a reason to question trust. If it is brought out in the open well in advance of the wedding, where each person has full opportunity to discuss the contents of the agreement with trusted advisors, such as financial investors, CPAs, and … yes… even family law attorneys, then it leads to a more trusting approach to the premarital agreement.
For help in drafting your prenup, contact the Texas board certified attorneys at O’Neil & Attorneys.
Read more on premarital agreements:
What is a Prenup?