A prenuptial agreement – also referred to as a prenup – is a legal contract that couples enter into before they get married. The agreement sets out the terms and conditions for how assets, property, and financial affairs will be handled if the marriage ends in divorce. Although some people may view prenups as unromantic, there are many reasons why entering into one is a wise decision.

Protects Assets

A prenuptial agreement can protect your individual assets. If you have accumulated wealth, property, or investments before the marriage, a prenup can ensure that you retain ownership of these assets in the event of a divorce. Without a prenup, your assets may become part of the “marital estate” and should the marriage end in divorce, your spouse could be entitled to half of that estate per the community property laws of the state of Texas – regardless of who acquired them.

Clarify Marital Financial Expectations

Discussing the terms of a prenup can also help clarify financial expectations and avoid disputes once the couple is married. Money is often a significant source of tension in marriages, and having a prenup can help you and your partner establish clear guidelines for how finances will be handled during the marriage. This can prevent misunderstandings and arguments about money down the line, which can ultimately help strengthen your relationship.

Almost every couple goes through periods in their marriage where things get so difficult between the two of them, one or both of them begin considering divorce. The couple will either work through these issues, decide to end their marriage or continue living contentiously with each other without dealing with the problems.

One option that some couples decide is to separate before they make the final decision to divorce. This allows them each to have their space and gives them the time they need to decide if they really do want to end their marriage or work toward reconciliation. If this is something you and your spouse are considering, there are some important facts you should be aware of when it comes to legal separations in Texas.

A Legal Separation

When a couple decides to separate, even though they are no longer physically living together, they are still considered legally married. This means that if one spouse is on the other spouse’s health insurance plan, they can remain on the plan. This is different than a divorce where a person’s benefits are terminated after a certain period of time.

In Texas, just as in every other state in the country, stalking is considered a serious crime. The Department of Justice’s Office on Violence Against Women (OVW) defines stalking as “engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.”

One of the most frequent times a stalker’s behavior is triggered and during a divorce or breakup. If you are going to end a relationship and your partner is harassing, stalking, or threatening you, obtaining an order of protection is a critical first step in keeping you and your children safe.

Stalking Statistics

It is estimated that almost 14 million people a year are stalked, with one in three women and one in six men reporting they have been stalked. The majority of people who are being stalked know their stalkers – 40 percent are stalked by a current or intimate partner and 42 percent are stalked by an acquaintance. Approximately 75 percent of people who are being stalked are eventually threatened with physical violence by their stalker.

Most people are familiar with the term "prenuptial agreement," but fewer are familiar with postnuptial agreements. Like a prenuptial agreement, postnuptial agreements or "postnups" protect spouses' financial interests in the event of divorce or the death of a spouse. However, postnuptial agreements are signed after the couple is already married. Many people draft postnuptial agreements after receiving a large inheritance or another financial windfall. Other couples use postnuptial agreements to protect their property rights and clarify financial obligations after a marriage has gone through a tumultuous period.

What Can a Postnuptial Agreement Do for Me?

In Texas, postnuptial agreements can be used in many different ways. Some couples use postnups to ensure that their separate property remains separate and not subject to division in the event of divorce. Others might use postnups to create more equitable arrangements for spousal support or designate a spouse as the beneficiary of certain assets. Postnups can also be used to ensure that certain assets are excluded from the marital estate and will be passed on to children from a previous relationship after a spouse's death.

You may want to draft a postnuptial agreement if you or your spouse purchased or started a business, acquired high-value assets, or made any large financial decisions. Postnups can also be useful for couples who are considering divorce but need more time to decide if the marriage is salvageable. The postnuptial agreement defines and protects the spouses' financial rights while they weigh the possibility of reconciliation and explore their divorce options.

When a married couple with children decides to split, often their biggest concern is how the divorce will affect their children. Many parents who have chosen to live their lives apart worry that their children will think the breakup was their fault or will resent the parents for it. Divorced parents are also often concerned that their children will not be the same after a divorce, but research shows that there is reason to be hopeful. Most children of divorce are able to adapt to their new two-home family and end up thriving in it.  

Studies Show Most Children Adapt Well 

A 20-year study conducted by noted psychologist Constance Ahrons and confirmed by others shows that about 80 percent of children of divorce are able to adapt to the divorce and lead happy, successful lives afterward. The majority of children whose parents get divorced do not experience permanent negative effects on their grades, social development, or mental health. 

Developmental psychologist E. Mavis Hetherington from the University of Virginia came to similar conclusions through a study of 2,500 children of divorce. Other researchers consistently find similar results when they study how divorce affects children: in the long run, the majority of children of divorce see no lasting negative effects from the divorce.