The Dreaded “P” Word in Relationships

Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.

Are you wondering what that dreadful word is? Imagine the most unromantic, mood-killing, and awkward topic in a serious relationship. Yes, you guessed it! The infamous “pre-nuptial” agreement rears its ugly head at this point. Forget whispering sweet nothings in your significant other’s ear, let’s talk about a pre-nup before taking the relationship to the next level. Most couples find this topic unnerving and awkward, but it doesn’t have to be. Why must a pre-nuptial agreement be synonymous with “gold-digger” or distrust? Today’s music videos and lyrics have painted an ugly picture of this crucial, intelligent, and honestly, quite wise, legal document. Without further ado, let’s attempt to remove the stigma associated with prenups and talk about the advantages for both parties in a relationship.

What is a Prenuptial Agreement?

A prenuptial agreement is an agreement or contract created by a couple before they are married. This legal document lists the property owned by each person and spells out how the property will be divided if the marriage ends in divorce. Also called a “prenup,” “ante-nuptial agreement,” or even “prenuptial contract,” this document can be used to protect specific assets or income from division if there is a divorce.

Are Prenuptial Agreements Only for the Wealthy?

While the notion of a prenuptial agreement may create the impression of a wealthy person attempting to protect their assets from a future spouse with fewer assets, this couldn’t be further from the truth. In reality, anyone can create a prenuptial agreement. Some possible reasons to get a prenuptial agreement beyond wealth include the following:

  • To clarify financial responsibilities before, during, and potentially after marriage
  • To pass property to specific children or to children from a previous marriage
  • To avoid problems or disagreements if you decide to divorce
  • To protect property from the other spouse’s debts or creditors

What Should Be Included in a Prenuptial Agreement?

Each state has its own provisions for the definition of separate property and jointly owned or community property. Keep in mind that Texas is a community property state. A prenuptial agreement allows you to define and protect specific property in the event of a divorce. Without a prenup, a court could decide how to divide your assets instead. The following items can be included in a prenuptial agreement:

  • Protection from your spouse’s debts or creditors
  • Provisions for children from previous marriages or relationships
  • Ownership of specific family heirlooms, businesses, property, or inheritances
  • An outline for dividing property if there is a divorce
  • Your marital responsibilities

What Should NOT Be Included in a Prenuptial Agreement?

  • Illegal actions or provisions that would be against the law
  • Child support or custody agreements
  • Eliminating one partner’s right to spousal support
  • Financial incentives that encourage divorce
  • Non-financial relationship issues, including agreements about religion and child-rearing

Now that we’ve gone over the do’s and don’ts of prenups, they don’t seem too bad, now do they? This agreement, although a bit awkward to initially discuss, is a vital document giving both parties peace of mind .This simple agreement allows couples to enter into the marriage with both eyes wide open.

I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”

As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!

Why swim alone in shark-infested waters when you don’t need to?