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Understanding Prenuptial Agreements


In a conventional marriage, most people will look down on prenuptial or premarital agreements. The reason for this is because people tend to think that once a prenup is in the picture, it is because the couple does not have enough trust for each other and each other’s assets.

For those who believe that marriage is about giving everything to each other, they will also eventually think that a prenup is something that will hurdle that. After all, prenuptial agreements only came into existence recently, mostly because there are so many things that happened in the past to a couple’s property and finances that led to their detriment.

What is a Prenup?

To give a brief background, a prenuptial agreement is a document that will give a specific delegation of all the assets acquired by both spouses before and after marriage.

Today, it is important to get a prenuptial agreement so that there is a document that would serve as a basis for each couple’s ownership of certain things.

This is done so that when there are certain instances that will happen that will break the marriage, the properties and assets of both couples are protected by law. It is only evident nowadays that married couples eventually get into a divorce. A prenuptial agreement will help with the division of assets.

In Texas, it is only vital to get a prenuptial agreement because it can give a clear definition on which properties and assets the couple will identify as marital or separate property. In case one of the spouses pass away, the prenup can also answer to the delegated shares of property of all parties involved. This also gives the couple the opportunity to separate debts, family businesses and other assets in order to avoid chaos in ownership.

Frankly, there really is nothing to worry about working on prenuptial agreements. It will be beneficial for both spouses if they get into a prenup. At the end of the day, it is still for the protection of each other’s assets.

In order to maximize the use of the law and in order to make the most of the prenup, it is highly encouraged to talk to a lawyer who covers this area of expertise. There are many benefits that a prenup can bring to a married couple. The lawyer would be the best person to turn to in order to draft the prenuptial agreement in a way that no spouse is left out in terms of benefits and protection of assets.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at timothy.hutton@austintexaslegal.com

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