Misconceptions About Prenup Agreements

When someone utters the word “prenup,” you likely have some type of emotional response. It’s true that prenuptial agreements can stir up some emotions. On the surface, prenups have gotten a bad reputation over the years. However, a prenuptial agreement isn’t necessarily a negative thing. In fact, a prenup agreement can be a very good thing! Let’s take a look at some of the most common misconceptions about prenup agreements.

Prenup agreements: Common misconceptions

A prenuptial agreement is just an opportunity to have the tough conversations up front. It’s unlikely that you would enter into any other contractual relationship, such as a business partnership, without documentation to protect yourself and the relationship should anything come up. A marriage is really no different. Even still, there are many misconceptions floating around about prenup agreements that have contributed to their bad reputation. 

Prenup agreements are rarely enforceable

It’s true that in order to be enforceable, prenuptial agreements must meet certain requirements. That doesn’t mean, however, that they are rarely enforceable. In fact, quite the opposite. In order for a prenup agreement to be enforceable, the agreement must be written and voluntarily signed by both parties. The provisions must also be reasonable. In order to ensure that your prenup agreement will hold up in court, it’s best to work with an experienced Texas family lawyer to create the document.

Support provisions and child custody can be included in a prenuptial agreement

A prenuptial agreement that stipulates child custody or child support details such as where a child will live or how much a spouse will pay in support will not hold up in court. 

Now, details about pre-existing child support and custody can be addressed if such agreements are in place from a previous relationship. These details are helpful when it comes to matters of budgeting, inheritance and insurance.

Asking for a prenup will cause a fight

Understandably, you might feel some hesitation to broach the subject of a prenuptial agreement with your sweetheart for fear of starting a fight. There are two surefire ways to avoid this fight. The first is to research the many benefits of a prenuptial agreement and come to the conversation prepared to discuss those benefits. The other is to work with an experienced Texas family lawyer who will help you navigate the process amicably.

Opting for a prenuptial agreement means you’re planning for a divorce

Yes, a prenuptial agreement is certainly helpful should you and your partner divorce. However, a prenuptial agreement does not mean you are entering into the union planning for a divorce. In fact, a prenuptial agreement can be just as beneficial to the marriage as it is to a divorce. A prenuptial agreement gives you and your partner the opportunity to discuss, in detail, difficult topics that are often the culprits for repeated conflict in a marriage. Entering into your union with these tricky things already hammered out, you will be able to navigate the various difficult circumstances that arise throughout a marriage already on the same page.

Interested in establishing a prenuptial agreement? We can help! We are Proffitt & Associates, and we are specialists in family law in Houston and the greater Houston area. We are committed to doing what's right for our clients, every step of the way. Let our family help your family. Request a free one-hour consultation today.