When people hear the word “prenup,” they often picture high-profile celebrity splits or assume it’s something only the ultra-wealthy need. But here’s the truth: a prenuptial agreement is not about anticipating the worst – it’s about planning for the future and taking the focus off the what if’s.
You may be a young professional building your future, or an older person entering a second marriage with significant assets, or you may be bringing children or businesses into your new relationship. In all these situations, a prenuptial agreement is a smart, empowering move. It lets you start a marriage with piece of mind and clarity in your decision making – truly starting on the same team.
At Hargrave Family Law, our team helps couples across North Dallas and the surrounding metroplex enter marriage with clarity, trust, and financial transparency. Love and legal protection can coexist, especially in marriages that are built to last.
💍 What Is a Prenuptial Agreement?
A prenuptial agreement (commonly called “prenup”, and also called a “premarital agreement” in Texas) is a legal contract signed before marriage that stipulates how each individual’s and the community’s or marital estate’s assets, debts, and financial matters will be handled during the marriage and in the event of either divorce or death. Prenups don’t just protect money, they protect both parties’ rights, accumulated assets, and inheritance wishes.
This extra step gives everyone involved an opportunity to openly discuss these issues and come to agreements with a clear set of expectations. This often helps our clients set aside feelings of uncertainty, fear, or doubt and enter their union on the same page – knowing these matters are clear, allowing them to look forward to a bright future.
Why Texas Couples Are Choosing Prenups
In communities like North Dallas, Highland Park, Plano, and Frisco, couples are increasingly turning to prenuptial agreements. With couples getting married in all stages of life, prenuptial agreements can be an amazing tool to help secure the assets that you’ve worked hard to accumulate.
Here are some of the most common situations we see with our clients:
- Entrepreneurs and business owners who want to preserve business continuity, ownership, and revenue streams
- Professionals with retirement accounts, stock options, or student loans who want to shield their partner from debt or to protect their separate property
- Couples entering second marriages, often with children or property from prior relationships
- Families with generational wealth, who want to keep inheritance lines clear
- High-earning individuals who want to clarify spousal support obligations in advance
🔐 What Can a Prenup Cover in Texas?
Texas law allows for a wide range of financial issues to be contemplated and addressed in a couple’s prenuptial agreement, including:
- Division of community/marital property
- Preservation of separate property
- Ownership rights of real estate, businesses, and investment accounts
- Income allocation
- Debt allocation
- Spousal support (Texas’ term for alimony) terms
- Treatment of any potential future inheritance or gifts
- Protection of ownership of and royalties from intellectual property and digital assets
⚠️ Important note: Child custody and child support cannot be predetermined in a prenup in Texas. These matters are always decided by Court Order during the court case according to what is in the best interest of the child at the time of divorce.
💬 Talking with Your Partner About the Prenup: A Modern Conversation
Let’s be honest – talking about a prenup isn’t exactly romantic, or what everyone imagines as they are preparing to start a beautiful marriage together. But it sparks important conversations that build trust and mutual understanding, which can be valuable when growing a loving partnership. When approached with care, creating a prenuptial agreement can bring couples closer and provide a sense of comfort and security.
How to start the conversation:
- “ Let’s talk about it all, and then we can start our life together focusing on what matters – our love and our dreams for our future.”
- “I want us both to feel secure, no matter what life throws our way.”
- “It’s smart to plan for a lifetime – starting with honesty and clear expectations.”
- “Let’s be proactive now so we won’t be reactive later.”
A prenup isn’t a red flag. It’s a sign of maturity, respect, and financial intelligence.
🧠 Why a Prenup Is Empowering and Not Just Protective
Creating a prenuptial agreement can help you:
- Set shared goals and expectations around spending, saving, investing, and debt
- Protect your future earnings and preserve financial independence
- Clarify ownership of current and future property or businesses
- Avoid costly litigation or confusion if the marriage ends
- Support blended families by ensuring inheritance for children from a prior relationship
In short? A prenup helps you enter marriage as equal partners – with eyes wide open – focusing on building a lasting partnership without surprises.
📝 What to Expect in the Prenup Process
- It begins with each partner disclosing all assets and liabilities honestly
- Then you and your partner each work with individual attorneys to ensure you know your rights and options
- The prenuptial agreement is customized to fit your individual and common goals and concerns
- You both then sign the agreement voluntarily, without duress, before the wedding occurs
NOTE: Crafting a prenuptial agreement does take time, so you should allow a few months before your wedding to work through process.
At Hargrave Family Law, our team approaches prenuptial agreements with compassion, discretion, and a deep respect for your unique relationship. Our goal is to provide you with clarity and confidence to move forward – together.
If you’re getting married and want to protect what you’ve built – or plan to build – a prenuptial agreement isn’t just smart. It’s responsible. It can help preserve both your financial health and your relationship. We proudly support engaged couples throughout North Dallas and the surrounding metroples with guidance that’s as practical as it is empowering.
Schedule a Complimentary Case Evaluation with us to learn how to secure your family’s future.