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?

Hat tip: 9 Questions You Want To Know But Are Too Afraid To Ask About Prenups
 

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, 2011-2018, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. In 2014-2018, Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW. She was named one of the Best Lawyers in America for 2016 and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.