Prenuptial Agreements

"Til death do us part" is still the language used in most weddings. Couples enter marriage with the hope of making a lifetime commitment. If this goal is not reached or if a spouse dies, the desire to be a couple is so ingrained that most will marry again.

The inability of the marriage laws to meet the needs of many couples makes the concept of a marital agreement quite positive, despite the bad publicity premarital agreements have reached. The freedom to structure a relationship should not be determined by laws that do not reflect the changing realities of family life in American today.

There is no firm tradition of marital contracts in our country because of the inherent resistance of comparing love to a business deal. Many civilized societies through the ages, however, have documented marital agreements with written documents.

Celebrities and the media have made couples aware of the concept of a contract executed between a married couple, whether terming it a premarital, prenuptial, antenuptial or postmarital agreement. The rich have known about them for years, but middle-class America, alarmed about the rising divorce rate, is anxious to know more.

Who Needs Them?

Anyone about to enter a marriage who is concerned about the inadequacies of the laws in the face of today's social realities;

Anyone who is remarrying;

Anyone concerned about protecting the assets of children from a prior marriage;

Anyone who has a financially dependent parent;

Business owners, particularly of professional practices and particularly those with business partners, because a spouse effectively becomes a silent partner in the business;

Anyone with significant separate property in states where a spouse is entitled to a share of income from separate property.

Anyone whose intended spouse has significant premarital responsibilities, such as alimony, child support, or tax obligations.

Anyone cautious enough to prefer a written record of the ownership of assets to avoid confusion in the future from creditors or other family members.

It's not romantic; it's practical. And limiting a spouse's take upon divorce is far from the only purpose, despite the perception gleaned from the popular press. Doesn't it make sense to make decisions under the best of circumstances instead of during the emotional upheaval of a troubled relationship?

As with most things, there's good news and bad news about private marital contracts. The openness needed for such an agreement is good for a relationship; the implication of a lack of trust is bad. A marital contract can avoid expensive and emotionally debilitating divorce trials, but it's expensive to enforce any contract in court. Such an agreement will reduce to writing the agreement for division of property upon divorce, although it can prevent a spouse from obtaining marital rights upon divorce.

The love and the law newsletter is written by Johnette Duff, Attorney at Law*

Ms. Duff is licensed in the State of Texas
www.loveandthelaw.com

About The Author

Johnette Duff is a matrimonial attorney licensed in the state of Texas. She is also the author of three books on love and the law; The Spousal Equivalent Handbook, The Marriage Handbook and Love After 50. Ms. Duff has been featured on Today, Good Morning America, in The Wall Street Journal, Self, New Woman, Smart Money and Modern Maturity and has been a guest on hundreds of radio talk shows.

www.loveandthelaw.com

Barry Chicago limousine ..

In The News:

A nod to MG's storied history, the EXE181 concept car could become the world's most aerodynamic vehicle, leading the charge in energy-wise automotive design.

Tech wizard Kurt "CyberGuy" Knutsson runs down the seven most interesting takeaways from Google's I/O 2024 conference. Google's AI figured prominently in the conference.

Robotic dogs performed a dance routine and kissed, igniting discussion about the potential applications of this technology at entertainment venues like theme parks.

A cyberattack on computer manufacturer Dell stole information from an estimated 49 million customers. Leaked information includes names and addresses.

Stay up to date on the latest AI technology advancements and learn about the challenges and opportunities AI presents now and for the future.

A robotic security guard stands 5 feet tall and can move at 3 mph while patrolling the workplace and reporting to a call center staffed by humans.

Facebook, X, Instagram and other top social media platforms don't come without their flaws. Here are a few quick hacks to better manage your user experience.

Powerful artificial intelligence tools offer a glimpse into a future in which planning for your next vacation is as simple as sending a text.

Car thieves have learned to exploit keyless vehicles' more advanced systems to unlock and start them without having the wireless key fob nearby, but there are ways to protect your car.

The Astribot S1's ability to mimic human movements sets it apart from other robots; it can move at about 33 feet per second and it can handle 22 pounds in each arm.

Tech wizard Kurt "CyberGuy" Knutsson addresses the notion of pulling the plug on a computer if you receive a suspicious pop-up message.

SpaceX's suits for astronauts embarking on the upcoming Polaris Dawn mission are sleek with advanced functionality, propulsion and life-support systems.

Some doctors are hesitant to employ AI programs in their practices, even as the FDA approves more algorithms to assist them in detecting tumors or completing less important tasks.

Researchers around the world are racing to create large wind turbines and floating platforms as upcoming lease auctions bring offshore wind closer to reality.

Kurt “CyberGuy" Knutsson says there's nothing wrong with using an old PC, however, it can make you more vulnerable to cybersecurity threats. Here's what you can do.

The iPhone 15 Pro and Pro Max offer customizable camera zoom settings to easily switch between standard, ultrawide and precise zoom levels. Kurt “CyberGuy" Knutsson shows you how.

Lexi Bogan lost her voice after doctors removed a tumor near her brain. In April, she regained her voice through an AI-generated clone trained on a snippet of her teenage voice.

Ascension, one of the largest health systems in the U.S., faced a significant cyberattack that disrupted its operations. Kurt “CyberGuy" Knutsson has more.

Kurt “CyberGuy" Knutsson reveals how the Gen3 Evo Formula E race car revolutionizes electric racing with its unmatched acceleration, advanced technology, sustainable design.

Laptops offer many different varieties of screen size, processors and storage. Kurt "CyberGuy" Knutsson presents his guide for the best options.

Before adjusting the alarm volume on your iPhone, make sure your phone's software is updated. Change the alarm volume by entering settings.

A recent study by a cybersecurity firm found only 3% of respondents 65 and older had a digital estate plan for digital information and acccounts.

With airlines tightening their leash on pet travel, there are other more comfortable travel options for pets with private jet charters.

After a recent cyberattack affected patient record systems at Ascension, one of the largest U.S. health systems, here are a few ways you can safeguard your health records.

Stay up to date on the latest AI technology advancements and learn about the challenges and opportunities AI presents now and for the future.

Prenuptial Agreements

Marriage & Wedding