The simple mention of a prenuptial agreement to a soon-to-be-married individual or his or her family is likely to bring a charged reaction. For many in Texas, it seems inappropriate, at the very least, to initiate a discussion regarding the potential for the failure of a marriage before it has had the opportunity to begin. At worst, it signals the inevitable doom of the union. However, understanding exactly what a prenup is and isn't can provide some perspective.
According to most legal relationship experts, the most common myth about prenups is that they exist solely to protect one spouse's existing wealth. While that issue is certainly a common one, a prenup can address all marital assets. Many times where couples have had a prior marriage with children, the prenup addresses the care of the existing family. Generally speaking, a prenup can address almost any issue, but it cannot circumvent issues of public policy, such as child support.
In contradiction to conventional wisdom, experts overwhelmingly agree that a prenup has very little impact on the ultimate success or failure of a marriage. In fact, having a framework in place before a conflict arises can allow for a more reasoned approach in an attempt at resolving differences.
It may be prudent to employ the services of a family law attorney in establishing a prenuptial agreement, and it might be required by the court to ensure fairness and an equal bargaining position by both parties. If divorce becomes the best option for all concerned, issues of asset division, child custody, child support and alimony must be settled within the context of the terms of the prenup.