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According to most research done on divorce and family, 

the number one reason marriages fail is financial. Having 

a prenuptial agreement may alleviate some of the concerns 

because the process of negotiating a prenup is a chance for 

you and your future spouse to learn more about each other. 

It is an opportunity to discuss finances and other important 

matters in a mature and rational manner. Even if the pre-

nuptial agreement is never needed, your marriage may be 

stronger for having gone through the process of drafting it.

Here are a few tips to keep in mind when drafting a  

Prenuptial Agreement:
1.  What’s included? Almost everything from the right  

to buy and sell property, modification or elimination of  

spousal support, the making of a will, or the disposition 

of the death benefits from a life insurance policy.
2.  What’s not included? Anything in violation of public 

policy or a statute imposing a criminal penalty. For example, 

the agreement cannot have the effect of defrauding pre-

existing creditors. But most importantly, you cannot have 

an agreement that will affect a child’s right to support. 

3.   Make sure your spouse has counsel. In order to be 

enforceable, the prenuptial agreement must, among other 

things, be in writing, signed by both parties, and, most 

importantly, indicate your spouse signed voluntarily and 

had enough time to review the agreement and understand 

its content. 
4.  Do not hide assets! Failure to fully disclose property 

or financial obligations of the other party may render 

the agreement unenforceable. However, the spouse may 

voluntarily and expressly waive in writing her right to 

disclosure of property and financial obligation of the 

other party. 

Prenuptial Agreements

by Papa Dieye, Attorney at law

Papa Dieye has been handling family and personal  

injury cases in Houston, Pearland, and surrounding 

areas for nearly a decade. Since opening his firm, 

he has had the opportunity to work with incredible  

clients. For more information call 832-301-3636, or 

go online at www.DieyeLaw.com.

Community post

The #1 Reason Most Marriages Fail is Financial.