Non-Traditional Prenuptial Agreements on the Rise

Engaged or married Houston couples that want to protect themselves legally from the fallout related to divorce often have prenuptial agreements drawn up. This is an excellent way to safeguard assets and come to an understanding of what is expected of each party in the marriage. While premarital agreements of the past concentrated primarily on financial matters and resolving custody issues, divorce attorneys are reporting an uptick in premarital agreements, some of which contain unusual clauses.

According to an article on, the American Academy of Matrimonial Lawyers conducted a survey in 2010 in which 73 percent of divorce attorneys reported seeing a rise in prenuptial agreements. It's not just celebrities who are implementing these marital contracts. Average couples with modest incomes and assets are also signing on the dotted line. Additionally, these lawyers reported an increase in post-marital agreements.

Even more interesting is the rise in non-traditional clauses that have nothing to do with property or children, such as requiring one or both spouses to maintain a certain weight. Restrictions on hair color and sexual performance were a few others that some attorneys noted.

While a marital contract is a great way to protect rights and resolve many divorce legal issues, it is important that couples seek advice when deciding what to include in the contract. Some clauses may not be legally enforceable. Houston couples should conduct research into the various legal issues and develop a prenuptial agreement that fits their needs.

Source:, "Divorce lawyers see rise in untraditional pre-nups," Shern-Min Chow, Oct. 15, 2012

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