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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.