b'The pre-nup discussion is a lot like the birds and the beeshaving Suzie get a pre-nup.talk in that the mere mention of either is grimace-inducing,Sure, there are taboos associated with pre-nups, but spouses despite their potentially formative roles in ones future.Ioften find they lead to healthier marriages.Money is a known mean, lets be honest, a person saying, Im madly in lovemarital stressor, so why not take it off the table?Ive had with you, but just in case this doesnt work out, Id like you toa number of Steves who want pre-nups.Why?Because sign this document wouldnt inspire the next Danielle Steelthey want to show they arent marrying their fianc for their novel.So, how can a person even broach the subject withoutmoneywhich is actually a pretty romantic thought.sounding like he or she is already hedging their matrimonialAndeventhoughpre-nupsdeterminehowcommunity bets?If wedding bells are in your childs (or your) future,propertywillbedivided,theyarealsoagreattoolfor here are some thoughts on whether a pre-nuptial agreementensuringseparatepropertyremainsseparate.Theyare may be worth considering and how to approach it. especially useful if your child is the beneficiary of a trust, has Forbetterorworse(punintended!),abouthalfofallreal estate, or otherwise owns significant assets at the time of marriages end in divorce.As such, its not crazy to planmarriage.During a marriage, its easy for separate assets to be for that event.Heck, we buy life insurance to protect ourco-mingled with marital property.Mixed-character assets families in the event we die, but dont even get to enjoy theare created, and the net result is that it becomes difficult to benefit.A pre-nup allows both spouses to plan for and havetrack and salvage the separate property if theres a divorce. more control of the divorce processnot a bad thing at all.Pre-nupscaneliminatetheneedforassettracingoften In fact, an attractive reason for considering a pre-nup is that,the most expensive part of a divorceand are also a way to because the parties will have already agreed on how assetscontrol property distribution upon a persons death (i.e.to willbedivided,theyllspendmuchlessontheirdivorcemake sure Steve doesnt get every dime if Suzie dies during lawyers.With apologies to my esteemed colleagues, I suspectthe marriage).most everyone would get behind that. If you do decide to explore getting a pre-nup, DO NOT wait To decide whether a pre-nup is right for your child, youuntil the last minute to get it.They are presumed enforceable need to know what it does and doesnt do.They can bein Texas if they contain required provisions but can be tossed draftedcreativelyandtoencompassmore,butthecruxout for various reasons, mainly centered around voluntariness of most is to have a legally enforceable document saying,and unconscionability.Suffice to say, presenting a pre-nup to Whatsyoursisyoursandwhatsmineismine.Ifwea bride in her white dress preparing to walk down the aisle is divorce, this is what you get and this is what I get.Texasproblematic.The key to ensuring pre-nups are enforceable is a community property state, so assets accumulated prioris disclosure.Both parties must make a complete listing of to marriage and anything acquired by gift or inheritance isassets owned at the time of marriage.Ideally, both parties are considered separate property.On the other hand, everythingrepresented by attorneys who practice family law on a regular earned by either spouse during the marriage is consideredbasis.There should be a formal execution of the document, community property and presumed to be part of the maritalsimilartoahomeclosing,withacourtreporterpresent. estate subject to division at the time of divorce.That meansForaddedprotection,Irecommendhavingthesigning the marital estate could have more than 70 years to grow ifvideotaped.Finally, the agreement should be reaffirmed a person gets married in their 20s or 30s. A pre-nup canwith both parties signatures after the wedding.take the guessworkand expensive fightout of how thatIts important to note a pre-nup can pre-determine childrens potentially substantial marital estate will be divided. visitation and conservatorship issues in the event of a divorce Youhavetoaskyourselfwhetheryouthinkitsfairifbut that those terms will always be reviewed by the Court to everything earned during the marriage is divided with nomake sure they are in the childrens best interests.For this consideration to which spouse earned it.If not, then youreason, most pre-nups focus on asset division.may want to consider a pre-nup.Say your daughter SuzieNo one gets married planning to get divorced, but its a toils through college and then medical school.Your shiningpotential reality for every person who says, I do.Pre-nups star becomes a cardiologist making $800,000 annually.Shearent for everyone and viewed as downright distasteful by marries Steve, whos a great guy, but is taking some extra timesome.But, for many others, they help clear the path for a to find his passion in life.At the age of 29, he decides tohealthy marriage.If nothing else, they guarantee an honest become an animal photographer, specializing in amphibians.conversation about money will take place before two financial Hes pretty good at what he does and is able to earn aboutfutures become inextricably intertwined.Most clients who $30,000eachyear.After10yearsofweddedbliss,Steveget pre-nups are just like I was when dad sat me down for the takes an interest in a herpetologist studying the frogs hesbirds and the bees talksomewhat reluctant at first, but, photographing.The attraction is too strongSteve finds awhen its all said and done, glad they got it.second passion in life and files for divorce.Due to Suzies hard work and earning capacity, they accumulate a maritalEditors Note: KoonsFuller attorney Deron Sugg has been practicing estate of $5,000,000.Sue has earned more than 95% of it.familylawformorethan15years.LicensedinbothTexasand When they divorce, Steve wants half. Missouri, Sugg graduated magna cum laude and was a Phi Beta TheSuzieandStevescenariohappensmorefrequentlyKappa inductee at the University of Missouri-Columbia, where he thanyoumaythink.IfyoudontbelieveStevedeservesalso attended law school. Mr. Sugg can be reached at KoonsFuller.com $2.5 million after his toad-lady transgression, then consideror 972-769-2727.GoodLifeFamilyMag.comSEPTEMBER | OCTOBER 201945'