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Property division and protection fuels rise in prenuptial agreements

The thought of getting divorced in the midst of planning a wedding can seem to be a bit of an oxymoron and may not be the most emotionally palatable thing for couples to consider. However, Houston couples, like many around the nation, can still benefit from a prenuptial agreement and use the experience of crafting such a document as a good exercise in marital communication and negotiation.

An article recently published in the media shows a trend toward greater acceptance of prenuptial agreements over the past few years. In 2010, results from a Harris poll indicated that 15 percent of people who have gone through a divorce wished they had a prenuptial agreement. In the same poll, 49 percent of already divorced people and 44 percent of single people surveyed said that they believe having a prenuptial agreement before entering a marriage was a good idea.

In a more recent survey of members of the American Academy of Matrimonial Lawyers (AAML), 63 percent of attorneys reported that they have seen an increase in the number of people wanting a prenuptial agreement draft to protect assets and 46 percent said that women are more frequently the ones to request a marital contract of some sort. Property rights, including protection for separate property and division of marital property as well as spousal support contracts are the most common topics covered in prenuptial agreements.

If you are considering a new marriage, you may wish to talk with your future spouse about a legal consultation and a potential pre-marriage contract agreement. Whether a first marriage or a remarriage, it may be able to help protect you.

Source: Huffington Post, “Prenuptial Agreements Are on the Rise, And More Women Are Requesting Them,” October 22, 2013

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