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What Are Some Prenuptial Agreements Pros And Cons? What Is The Common Law of Marriage In Texas?

Prenuptial agreements

A prenuptial agreement is an agreement between two people before they marry. Preparing a prenup with your future partner may be a wise choice for your relationship

People often misunderstand prenuptial agreements as signs of mistrust or low expectations for the relationship. Creating a prenuptial, on the other hand, is a wise and financially prudent decision.

A prenuptial agreement will provide adequate security to both you and your future partner. As the age for marriage rises, most couples are starting their marital lives with more wealth than before. It also increased the number of divorced individuals.

Read more about prenuptial agreements.

For some people, amongst the biggest prenuptial agreements pros and cons, the biggest scams is a premarital agreement (it ruins the romance). When you consider proposing to the love of your life, you are not thinking about a time when you both will want to end the marriage.

As your beautiful wife-to-be beams over the proposal, she is not thinking about a day when dividing marital assets seems like war.

Having prenuptial agreements can help resolve some of the issues that many couples face during the property division phase of their divorce. Prenuptial agreements You can form pros and cons during the process. 

Disadvantages of Prenuptial Agreements

In some cases, the idea of a prenuptial agreement is so distasteful; the other party may call off the wedding. Regardless of the person’s intention, a prenuptial agreement can create tension and arguments as each person struggles to understand the other person’s point of view. Read more on prenuptial agreements by clicking here.

Another “con” is that a prenuptial agreement is not always enforceable. Even though you enter a prenuptial agreement, it may not hold up in court unless you have taken the proper steps to ensure that the contract is legally binding on both parties.

For a prenuptial agreement to be legally binding, it cannot be obtained under duress or fraud. There must be full disclosure of all material facts by both parties. 

To avoid problems, both parties should be represented by attorneys with experience in prenuptial agreements. Prenuptial agreements that are challenged in court can be costly and time-consuming, thereby defeating why the parties entered the agreement in the first place.

Advantages Of Prenuptial Agreements

While some people may view prenuptial agreements as killing the romance, having a contract is a practical way of protecting your finances and your future.

Prenuptial agreement pros include:

Full Disclosure 

Having full disclosure by both parties of their finances before getting married is always a good idea. Premarital agreements are a way to accomplish this goal in a calm, reasonable manner. Both parties should have their attorney during the process to ensure each party’s interests are protected.

Protect Your Children 

If you have children from a previous marriage, having a premarital agreement protects your child’s rights to your financial estate should you divorce or die? Most parents combine prenuptial agreements with other estate and trust planning to protect their children’s economic interests.

Protect Premarital Wealth 

If you have substantial wealth, either from family inheritance or accumulated through your hard work, a premarital agreement will protect that wealth if you and your spouse divorce. If this is a second or third marriage, you need to take steps to protect the assets you have accumulated before this marriage.

Reduce Divorce Costs 

The division of assets in a divorce can be complex and costly. Having a premarital agreement can reduce the cost of the divorce by having a well-defined agreement as to how assets will be divided in the event of a divorce. 

It removes the need to argue over who gets what. The prenuptial agreement provides the framework for how assets accumulated during the marriage will be divided and protecting assets that you bring into the marriage.

What Is Common Law Marriage In Texas?

A common law marriage in Texas allows persons who live together as man and wife for a sufficient time and with the intent of having an exclusive relationship similar to a wedding to have the legal rights of formally married persons. Once a common-law marriage is established, it must be recognized even in states that do not recognize common-law marriage.

For health insurance purposes, an employer that offers spousal coverage would include in its contractual insurance definition of “spouse,” the spouse of common-law marriage. Therefore, the employer would have to allow the enrollment of a spouse from a common-law marriage the same as the spouse from a traditional wedding. 

Also, under a common law marriage, children have a presumption of legitimacy and would be considered dependents eligible for health coverage (Under the Patient Protection and Affordable Care Act, or PPACA, a covered employer does not have to offer spousal coverage but does have to cover eligible dependent children to avoid penalties). 

No documentation is required to create a common-law marriage. Simply living together and having a mutual understanding or agreement between the partners they are husband and wife, maybe enough to make this marriage.  

And once married, it’s the same as every other marriage.

States that recognize common law marriage:

  • Colorado
  • Iowa
  • Kansas
  • Montana
  • New Hampshire
  • South Carolina
  • Texas
  • Utah

Common-law marriage in Texas is an informal type of marriage involving couples who hold themselves out to be married but who do not have a marriage license and have never actually gone through with a formal ceremony. Click here for more information on common law marriage in Texas.

How Does Common Law Marriage Affect Insurance?

As state laws vary on the criteria for a common-law marriage in Texas, employers should check or seek legal advice on specific provisions and requirements of the state in which they operate regarding common law marriage recognition.

The Full Faith and Credit Clause of the U.S. Constitution requires a state to accept as valid a common law marriage established in a form that recognizes common-law marriage.

This clause means that a couple with a common-law marriage in a state where it is legally recognized may move to another state. Maintain the couple’s legal law marriage status even if the new form does not legally recognize common law marriage.

Some employers or insurers require a signed affidavit from an employee to recognize the common law marriage before enrolling a common-law spouse on the health plan.

Employers may also require proof of the common law marriage with evidence such as
  • joint tax returns
  • checking accounts
  • mortgage or lease
  • other requirements specified under the state law that recognizes common law marriage.

Criteria For Common Marriage 

Simply living together is not enough to constitute a common-law marriage. Generally, for a marriage to be considered common law, it must meet the following criteria:

The couple must live together (the length of time required varies by state);

  • Couples must have the capacity to marry. Both people must be of legal age, not married to someone else, and sound mind.
  • Both parties intend to be married.
  • The couple must present themselves as a married couple. In the form of referring to each other as “husband” and “wife,” taking the same last name. Possessing joint bank accounts or credit cards.


It’s essential to revisit your prenuptial agreement whenever your marriage achieves a new milestone. Analyze all the prenuptial agreements’ pros and cons.

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