Is a Prenup Worth It? - Bineham & Gillen

Family LawIs a Prenup Worth It?

December 14, 2022by James Gillen

Talking about prenuptial agreements with your significant other can be hard. In a time when divorce is more prevalent than ever, prenups can protect you and your assets for the future. Many soon-to-be-wed people wonder if getting into that conversation is even worth it. Luckily, at Bineham and Gillen, we know how hard having that conversation is. We are here to walk you through the reality of premarital agreements and why they are the best choice for the majority of people.

Simply put, prenups are usually worth the time you put into them. While a lot of those planning their wedding tend to breeze by premarital agreements, this can lead to them losing some of their assets in unfair ways. If you want punitive measures such as an adultery clause or agreements on splitting properties before marriage, a prenup is the best way to do it!

Making A Prenuptial Agreement in Texas

Prenuptial agreements in Texas vary locally but follow general rules of thumb. The Texas Uniform Premarital Agreement Act outlines different specifications for what a prenup can and cannot contain. Prenuptial agreements in Texas usually contain:

  • Spouse rights to property and transfer of property
  • Rights and obligations to acquire property
  • The disposition of property in the case of divorce and death

But you’re not limited to financial and proprietary terms for your prenup agreement. You can change the effect of extramarital relationships in a divorce and other important factors such as name changes and resolution methods. The best way to ensure your prenup is solid and will hold in court is to work with an experienced lawyer.

Benefits Of A Premarital Agreement

There are a lot of benefits that are seen through prenuptial agreements. They resolve much of the need for property distribution upon divorce, saving you time and money. They can absolve you of the debts garnered by your spouse in the event of a divorce, protect business assets and protect inheritance rights for children in the case of death.

But preparing for the worst-case scenario isn’t what many people are looking for. Lots of stress can be absolved from your day-to-day by adding quality-of-life provisions. These can include how living expenses are paid and shared and provide you more control over separate property and finances.

What To Watch Out For In A Prenuptial Agreement

Timing is a volatile and important aspect of premarital agreements. Many spouses may not bring up the prenuptial until the last minute, not giving you enough time to look for things you wouldn’t normally agree to. Prenuptial agreements are best evaluated by a lawyer, as they can spot the offending provisions quickly and explain the consequences the same way the court can.

Another concerning issue is the usage of vague language. While it may not seem like the biggest issue, vague language means more wiggle room for legal disputes. Making sure you have a detailed prenuptial agreement means you won’t have to pay for a lawyer to defend different interpretations. This can cost you more time and money, which you never want!

Contact Your San Antonio Lawyer Now!

Ready to feel secure in your assets? At Bineham and Gillen in San Antonio, we want you to know that you’re getting the best representation! With over 30 years of experience as a legal advocate, our goal is a speedy and compassionate resolution. We put an emphasis on our affordability and know how complicated divorce proceedings are. From finances to child custody, we are here to advocate for you. Call today to schedule a consultation for your prenup!