PLEASE NOTE: We are still open and operational! To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options. click here for Covid 19 updates
Laura Dale & Associates, P.C.
713-574-7952

Do Texas prenuptial agreements resolve all divorce disputes?

No, they do not. Prenuptial agreements were designed for couples to sort out property matters, in the event of a divorce or the death of a spouse. Couples may not predetermine solutions for child custody or support. Many states limit or forbid spousal support waivers within prenuptial contracts – see the Spousal Support page for information about contractual alimony in Texas.

Parties must know the difference between separate and marital property to understand what can be included in a Texas prenuptial agreement. Separate property belongs to one owner. Disputed marital property is up for division by state community property laws, unless a pre-marital agreement redefines property status.

Prenuptial contracts deal with debt as much they do with assets. Debts are property, too, and subject to division as separate or marital obligations. Prenuptial agreements may be employed to restrict debt liability and distribute debt in ways that are beneficial, or at least less financially aggravating, to spouses.

A prenup can be used to protect assets, like heirlooms and anticipated inheritances, that you wish to remain with relatives in your bloodline. The agreements also can include provisions to shelter assets for children from earlier relationships. Keep in mind prenuptial agreements are not substitutes, but supplements for estate planning documents.

Asset and debt management during marriage can also be spelled out in pre-marital contracts. Details can be included about how specific accounts, taxes and marital bills are handled and how responsibilities are divided. You can include planned investment strategies to reach significant financial goals like business or home ownership.

Every legal document has its limits. You cannot include anything in a prenuptial agreement that conflicts with laws. Attorneys can offer alternative contractual solutions for any issues that don't "fit" in a prenup.

Just as each marriage has unique qualities, so do prenuptial agreements. Each spouse enters marriage with different viewpoints and property concerns. Resolving financial matters in advance of marriage may ease worries about the future.

Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements" Aug. 26, 2014

No Comments

Leave a comment
Comment Information
  • TAOFLS
  • Board Certified
  • IAFL
  • Super Lawyers 2019
  • Best Lawyers
  • Avvo Rating
  • Avvo Rating
  • Avvo Client Choice 2014
  • Avvo Client Choice 2014
  • Best Law Firms Badge
  • Laura Dale
  • Texas Bar Today Top Ten Badge

Contact Our Experienced Team Today

Se Habla Español | Nous Parlons Français

Due to the experience our lawyers have in many specialized areas, you can rely on us to put together the right team to handle your case, even if it centers on complex issues such as international family law, business valuation or bankruptcy. Contact us today to make an appointment to discuss your needs with a knowledgeable lawyer.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Laura Dale & Associates, P.C.
email us for a response

OFFICE LOCATION
1800 Saint James Place
Suite 620
Houston, TX 77056

Phone: 713-574-7952
Fax: 713-600-1718
Houston Law Office Map

Review Us