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Prenuptial agreements increasingly common

An increasing number of couples in Texas and around the country are entering into prenuptial agreements before tying the knot. Based on a recent survey by the American Academy of Matrimonial Lawyers, 63 percent of the divorce attorneys who responded said that they have seen an increase in demand for these contracts over the past three years. There are a variety of reasons that people may not want to face a divorce without such an agreement, including a better understanding of the financial impact of a divorce.

People have recently become more aware of these agreements and many have a positive view of what they can do. Couples are also remarrying or marrying later in life, making them more sophisticated about the way that they look at these matters. As the economy continues to improve, couples also have more income and property, and a prenuptial agreement can help avoid conflicts with these items.

A prenuptial agreement can be contested if it is found that one of the parties did not accurately and completely disclose its financial situation when it was signed, and a complete accounting of assets and liabilities is accordingly advisable in order to avoid any future claim of fraud. The agreement should of course be properly signed and acknowledged.

One of the most contentious issues in a divorce proceeding is often the division of property that was acquired during the marriage and the determination of what may be separately owned. A prenuptial agreement that covers these matters may prove to be helpful in avoiding potential disagreements. As is the case with any contract, care must be taken to ensure that it was fairly entered into and that its provisions accurately reflect the intentions of both parties.

Source: The Huffington Post, "Heading to Divorce Court With a Prenuptial Agreement", Alton Abramowitz, November 04, 2013

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