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What should you include in your prenuptial agreement?

If you are getting ready to marry in Texas, you may be wondering whether you need a prenuptial agreement, and if so, what types of matters it should cover. The prenuptial agreement is a legally binding contract that goes into effect once you marry, and while there is, of course, some degree of variation between one prenuptial agreement and the next, many cover similar areas.

Often, per Business Insider, couples, or one party within a couple, decides a prenuptial agreement is wise because one or both parties have considerable assets going in to the marriage, such as real estate, stocks and so on. You or your partner may also want to create a prenuptial agreement if you marry later in life, at which point one or both of you is more likely to have amassed sizable assets. You may, too, decide to do so if there is a substantial disparity between your own income and assets and that of your spouse-to-be.

Just as a prenuptial agreement can make determinations with regard to assets, it can do the same for debts. For example, if your fiancé has considerable debt already going in to the marriage, you can include information in your prenup that limits your own liability. You may also want to include information about how you plan to file taxes, if you believe this may be an area of conflict down the line.

Another area you may want your prenuptial agreement to cover, although few like to think about it, is what might happen in the event of divorce. For example, you might include language that dictates, for example, that if one party is to cheat on the other, the at-fault party must finance all legal fees relating to the divorce.

This information provides a general overview of what many prenuptial agreements cover, but it is not an exhaustive list, nor a replacement for legal advice.


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