Family

Why Prenuptial Agreements Need to Lose Their Negative Stereotypes

Everyone knows a good story about a bad divorce. Maybe it’s their own divorce, maybe it’s one from a friend or from their parents, or maybe it’s just one of the famously ugly divorces the famous go through routinely in the tabloids.

In the end, these stories lead to one obvious conclusion: divorce is unpleasant and has all the potential to get particularly ugly and traumatic. Divorce is hard on both spouses, on any kids in the relationship, and on family and friends watching on.

Considering how common divorce is and how awful it can be when people go into marriage unprepared for that eventuality, it’s somewhat odd how some people still regard prenuptial agreements negatively.

Before getting into why the prenup is actually a positive for couples and for society, it’s important to outline just what a prenup is. A prenuptial agreement is an arrangement set up before a marriage that sets out the terms if a divorce occurs. That can include spousal support, child custody, the division of property, and any other issues that might normally be fought over during a divorce. As this prenuptial agreement lawyer shows, the process is very thorough and usually requires a good lawyer to make sure it covers all aspects the couple wants to be settled before saying “I do.”

Prenuptial agreements may lack a certain amount of romance, yet, anyone who has had one and had to use it will swear by them. Not only do they protect property and income for those who might otherwise see a significant loss when a marriage collapses, not only do they remove the suspicion in some marriages that the relationship is based on anything other than love and affection, not only do they provide the couple comfort knowing how everything stands on a financial level, a prenuptial agreement is wonderful because it gets rid of all the ugliness of divorce.

A divorce can be a much faster and less bitter proceeding with a prenuptial agreement involved. With all the important questions resolved, no one leaves the marriage thinking they’re going to get one deal or another and being dissatisfied. There’s simply nothing to fight over. The prenup also has the benefit of being far fairer for both parties, since it was decided in a moment of love and compassion between the two when things were good between them instead of acrimonious. There will be no avoiding spousal support out of spite or an attempt to take a small business just to hurt someone. The deal is done, so all that’s required is signing a few documents, and saying goodbye.

For all that, a prenup can be a somewhat complex process to set up and follow through with. It’s best if you’re considering one to hire an expert prenuptial agreement lawyer who can guide you and your future spouse through all the various intricacies of the process.

The prenup may not be the way people traditionally begin marriages, but it is perhaps the most responsible way to do so. Think about it. If your marriage had to end, even if it seems inconceivable now, wouldn’t you like it to be quick and as painless as possible?

That’s what you get with a prenup.

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Divorce Facts You Should Think About

Are you thinking of getting married but afraid it may not last? You are not alone, as it is common knowledge that about half of all marriages in the US end up in divorce. However, this doesn’t meant that yours will, at least not for 8 years. That is the average number of years a couple in their first or second marriage will stay married.

However, if both you and your spouse’s parents stayed married, you have a better chance of making it past your 10th year anniversary than those whose parents are divorced or separated. Overall, that is 67% of the total number of married people in the US, with about 35% making it past their silver wedding anniversary. A rather impressive 6% still make it to 50 years, considering that in all probability one spouse will predecease the other before that milestone is reached.

Speaking of which, about 15% of people chose to separate rather than divorce for financial reasons. Divorce can be expensive, which would account for the drop in divorce filings in 2008 when the economic crisis first began to bite into earnings. According to the website of the BB Law Group PLLC, this is often because, this doesn’t mean that during more affluent times, people got divorced more. It only means that it was not always practical to go through the process, especially as it can adversely affect the living standards not only of the divorcing couple but also their children. About 28% of children of divorced parents live below the poverty level.

In Texas, the picture is not so bleak. The Lone Star state is only one of 9 states where the community property laws are in place in a divorce. This means that whatever wealth has accumulated in the marriage will be divided between the spouses. Compare this to the equitable share laws that are in effect in the majority of states, where the higher earning spouse gets to keep a higher percentage of the assets. This is because the property belongs to the spouse that purchased it as deemed “fair and equitable.”

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