Results from a recent survey of the country's top matrimonial lawyers show an increase in how many couples sign prenuptial agreements before marrying. 73 percent of divorce lawyers surveyed observed an increase in the number of prenuptial agreements signed by couples married in the past five years. The other 27 percent observed no change in the amount of pre-marital agreements signed in the same period.
The survey polled members of the American Academy of Matrimonial Lawyers from across the nation. AAML members are recognized experts of matrimonial law.
In Texas, the law typically makes assets obtained while a couple is married subject to equal distribution in the event of a divorce, with some exceptions. A prenuptial, or ante-nuptial, agreement is signed prior to a marriage and legally preserves personal assets in the case of a divorce.
In addition to the general increase in use, the survey found that more prenuptial agreements are being requested by women. Over half of surveyed lawyers claimed they noticed a trend of women requesting the prenuptials.
More couples are choosing to include pensions and retirement benefits in their prenuptial agreements. 36 percent of AAML members surveyed claimed they noticed an increased number of couples including these benefits in their agreements.
Marlene Eskind Moses, president of AAML, claims the increase in prenuptials is due to divorce becoming more common and accepted in society. Moses also acknowledges a change in who is requesting the prenuptials. "These requests are no longer limited to a specific gender or age group," said Moses.
If you are engaged to be married, talk to an experienced family law attorney about the benefits of a prenuptial agreement. It is recommended to speak with an attorney at least six months prior to a marriage.
