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12/18/2024

I was just recently asked, Should I Sign a Prenuptial Agreement?

It is common for engaged couples to hesitate before signing a Prenuptial Agreement.

Many people believe simply having a Prenuptial Agreement, or prenup, implies they are planning on a divorce at the same time they're planning a wedding. But that does not have to be the case. A Prenuptial Agreement can protect both spouses financially in case of divorce, disability, or death.

Being financially responsible is important for everyone. A Prenuptial Agreement can help protect each spouse’s current assets and ensure both spouses remain responsible for any debts they brought into the relationship. If either partner has children from a prior relationship, a Prenuptial Agreement can help ensure their financial stability as well.

Prenuptial Agreements can benefit both partners, and be helpful in the event a marriage does end in divorce. It's far easier to negotiate a financial arrangement that is fair while you're communicating well, rather than after being served divorce papers.

What happens if I don't sign a prenup?

When couples do not sign a prenup, then state law decides what happens when they divorce. For couples who live in states that adhere to community property laws, this means that most assets or liabilities accumulated during the marriage would be divided equally between the parties. However, individuals are able to keep the assets they brought into the marriage and kept separate.

In states that don't follow community property principles, splitting assets normally follows a process called equitable distribution. In these states, multiple factors are taken into consideration to ensure property is distributed in a fair way during a divorce.

Either way, it is helpful to have a Prenuptial Agreement that sets forth a fair plan if you do divorce, and allows you to retain specific property for family heirs or favored charities.

What should you be aware of when signing a premarital agreement?

Prenuptial Agreements, also called premarital agreements, are deeply personal documents, and they are legally binding. It is important to understand what is agreed to in a prenup. Make sure your Prenuptial Agreement specifically explains what you and your future spouse have agreed on.

Since a prenup is a legally binding contract, review it carefully before signing to make sure it is consistent with your understanding of the agreement. It is also important to have the agreement reviewed by a Legal Pro to ensure it serves your best interests and does not have clauses that violate state laws. This also gives you an opportunity to ask about any words, phrases, or sections that you do not understand.

When is it too late to sign a prenup?

It is too late to sign a prenup once you are legally married. After that, any written financial agreement that you enter into with your spouse would be called a Postnuptial Agreement.

Oftentimes, couples avoid discussing money prior to marriage, and they may feel a Prenuptial Agreement is an omen that their marriage may fail. A properly crafted prenup, however, can protect both partners and can save hours of needless stress later in the event of divorce, disability, or death. Prenups are also created while couples are on good terms, which means that they may be more empathetic and understanding of their partner’s needs.

Remember, prenups cannot be verbal agreements. It must be in writing and signed. Waiting until the last minute can add stress to the process. So, allow sufficient time for making changes, reviewing the document with a lawyer, gathering signatures, and having documents notarized, if required.

Whether you draft a prenup before your wedding or a Postnuptial Agreement soon after, it is always a good idea to contact a lawyer if you have any questions before you sign it.

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12/03/2024

The Texas Board of Education just narrowly voted 8-7 to teach the Holy Bible in elementary schools across the state - and everything from the Sermon on the Mount to the story of Moses to passages from the Book of Genesis are in the recently approved lesson plans and coursework.

The vote set off a firestorm of controversy all across the state, with critics swarming school board meetings and decrying the new lesson plans as thinly-veiled proselytizing, but advocates argue that a thorough understanding of Christian theology is necessary to understand the history and legal framework of the United States.

Did public school just get one step closer to Sunday school?

Education or Indoctrination?

The state-developed curriculum was the subject of much scrutiny and debate for months ahead of its November 22 passage. Scores of parents and the state’s largest teacher’s union both objected to the Bible-based curriculum, which will inject Christianity into thousands of classrooms across the state and be taught to children as young as five years old.

Advocates of the curriculum say that the history of this country and the Christian faith are inextricably intertwined, and that a thorough understanding of Christian theology is necessary to understand the legal framework the United States was built upon.

"The [religious] materials will… allow our students to better understand the connection of history, art, community, literature, and religion on pivotal events like the signing of the U.S. Constitution, the Civil Rights Movement, and the American Revolution," said Texas Governor Greg Abbott, a proponent of the new faith-based education standards.

But critics say that inserting Jesus into the classroom is just Christian nationalism barely masquerading as education.

"The curriculum targets the youngest, most impressionable elementary students, starting by introducing kindergartners to Jesus," argued Freedom From Religion Co-President Annie Laurie Gaylor. "Religious instruction is the purview of parents, not proselytizing school boards. This is a shameful ruse by Christian nationalists in Texas who see the schools as a mission field."

A Lesson of Their Own

Texas may also be laying a lesson plan of their own for other states on how to bring Christianity to the classroom. The solution? Money.

Louisiana lawmakers recently passed a bill requiring the Ten Commandments in every single public school classroom across the state, and Oklahoma education head Ryan Walters is similarly putting Bibles in classrooms across the state. And President-elect Trump even said one of his top education priorities is bringing prayer back to schools.

Though the curriculum is by no means mandatory for schools to teach, there is a financial incentive for districts to do so. It’s no secret that many public schools are woefully underfunded, and the additional funding promised by teaching Christianity - upwards of $40 per student - will be a difficult carrot for schools to ignore.

The curriculum is planned to go into effect at the beginning of the next school year, in August 2025. But it seems almost certain that it will experience legal challenges between now and then.

What do you make of putting the Bible in schools - and offering a financial incentive to do so? Does Jesus belong in the classroom, and to what extent? Do advocates of the new curriculum have a point that we can’t divorce the history of the United States and the Christian faith… or is this just Christian nationalism at work?