Prenuptial Agreement Advice From a San Antonio Family Lawyer

The concept of prenuptial agreements can fill soon-to-be-married couples with dread, even acrimony. Surely, thinking about divorce before the marriage even happens is in poor taste, right? If you ask a San Antonio family lawyer, they’ll tell you that a prenuptial agreement is vital. While it probably should not take place right before the wedding, this type of agreement is often a valuable safety net for both parties. Why?

  • Property management. A prenuptial agreement can establish who owns what property and assets going in to a marriage. Sure, this can be helpful in the event of divorce. But it’s also helpful if one party has a lot of debt. Maintaining separate finances and property can be helpful to protect the more moneyed spouse from garnishment or legal action from creditors. A San Antonio family lawyer can help you understand how community property laws impact debt incurred by only one spouse.
  • In case of death. When a Texas resident dies without a will, there are very specific laws about who will inherit community and separate properties. That’s one reason it’s important to declare which property is community versus separate. A prenuptial agreement can define what property belongs to both parties and will impact how inheritances will be divided.
  • Blended families. If you and your spouse have children from previous relationships, San Antonio family lawyers will advise a prenup. Blended families have extra incentive to make legal note of communal versus personal property and assets and of who should inherit or be compensated in the event of death or divorce.

Keep in mind that there are some things a prenuptial agreement doesn’t cover. For example, no provisions can be made for custody or child support of children who are a product of the impending marriage. Such decisions can only be made in the event of divorce, not before. San Antonio family lawyers know that this is done in the best interests of the child.

Once you’ve decided what you want your prenuptial agreement to accomplish, your next step is to meet with a San Antonio family lawyer who has experience with prenups. Use Jennifer Espronceda’s contact form or phone 210-504-1514.

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