All too often the prenup conversation is handled poorly. One spouse may bring up the need for a prenup at the last minute, leaving little time for thought and consideration.  Or, the other spouse may not understand what a prenup is and get upset at the mention. 

As Erik Newton points out in his post Approaching the Prenup Conversation Gracefully, it is important for everyone to understand that they already have a prenup! The State of Texas has rules in place for how property is handled during a marriage, as well as in the event of death or divorce. So, the question isn’t whether you want a prenup, but more whether you are okay with the rules that the State has provided or whether you have a different viewpoint of how your marriage should handle things. 

One approach to the prenup conversation might be to address difficult conversations in advance. Eventually there will be a disagreement over money. The more spouses-to-be discuss in advance how to handle difficult situations, the less strain they will have in the future.

Before approaching the prenup conversation think about how the other partner will feel about the discussion.  What will he or she need to hear in that conversation.  Once you are married, you take responsibility for the wellbeing of the other spouse. So, addressing the issues the partner will express in advance will make the conversation go more smoothly. 

Transparency is key to making both sides of the agreement feel secure. Provide full disclosure upfront as to the goals of the premarital agreement, and when the time come for disclosing assets, volunteer all of the necessary information so the other spouse feels like he or she is getting a fair deal. 

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?     

Does getting a prenup mean that my fiancé doesn’t trust me?

But I’m not wealthy. Do I really need one?

How much will a prenup cost?

Can I skip the lawyer fees and D.I.Y. my 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.