Serving Clients Across Texas

Necessity of Prenuptial Agreements in the 21st Century

Requesting your future spouse to sign a prenuptial agreement in Texas can be a touchy subject. Many people are hesitant to obtain a prenuptial agreement for the simple fact that it may damage the relationship. This is a point I understand and do sympathize. However, when I have a client, regardless of their level of wealth, state that they do not need a prenuptial agreement; I have a very simple response.

I first ask the client “Do you have automobile insurance.” The client states “Yes.” I then ask “Do you plan on having a wreck in your automobile.” My client then looks at me curiously and states “Of course not.” I then respond with “a prenuptial agreement is a lot like car insurance; you don’t plan on getting in a wreck but it is there in case you do.” This is usually the point where you can see the light bulb over my client’s head turn on and they are in agreement that a prenuptial agreement is necessary.

The Huffington Post reported last week that “Fox & Friends” had a segment in which they addressed whether or not a couple should have a prenuptial agreement. Dave Ramsey reportedly stated, "Don’t do prenups unless someone is extremely wealthy and the person they’re marrying is not. Other than that, you’d stay away from prenups." Mr. Ramsey has obviously never spoken to me about the necessity of a prenuptial agreement.

I agree with Huffington Post Divorce blogger Diana Mercer when she states that “a prenup may benefit all married couples.” Prenuptial agreements are not only for the wealthy, they are for all walks of life. Divorce can be a very stressful and sometimes prolonged process. If a couple agrees in a prenuptial agreement as to how assets and debts are to be divided in the event of a divorce, it removes a lot of the bickering back and forth that can occur during a divorce. It can also shorten the length of time the divorce is pending in that the financial issues are already handled and addressed in the prenuptial agreement.

Don’t let a prenuptial agreement hurt a relationship or eliminate the romance. Just like automobile insurance, a prenuptial agreement is there in the event of a crash/ending of a marriage.