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.

Deciding whether a Texas prenuptial agreement is necessary

Some engaged Houston couples feel premarital financial contracts diminish the romance and trust in a relationship. However, some individuals feel marital financial management and clarification of spousal property are important matters to iron out ahead of marriage. This conversation comes up eventually, but some couples prefer to address finances before marriage to avoid possible conflicts.

Property ownership rights change when people marry. The assets and debts you have entering marriage are yours alone, along with inheritances and gifts acquired during marriage. However, if you commingle separate property with other assets – like using an inheritance to fund the purchase of a marital home – your separate property status might be in jeopardy, without a prenuptial agreement.

Any assets accumulated during a Texas marriage, including individual spousal income, are shared equally in divorce, under community property laws. A prenuptial agreement allows spouses-to-be to decide how to label property. You choose how property is to be divided at the time of divorce or a spouse's death, rather than letting a judge make decisions for you.

Texas laws also permit prenuptial provisions dealing with spousal support and child-related issues. An attorney can explain the legal restrictions that apply for these sensitive matters. When drafted properly, prenuptial agreements are upheld by Texas courts, freeing spouses of state property division rules that might not be beneficial.

Few prenuptial agreements are rejected, but some are invalidated when rules are broken. The documents must be signed by both parties voluntarily, without evidence of undue influence or duress. Prenups may be dismissed, if a party unfairly fails to disclose a complete accounting of assets and debts prior to the agreement's signing.

Although wealth protection is often a priority, couples enter into prenuptial agreements for several different reasons. For many, it is satisfying to take control of finances before heading into marriage. An attorney can answer questions and guide you through the process.

Source: Texas Bar Journal, "The Wedding Planner" Judith Bryant, Dec. 16, 2014

No Comments

Leave a comment
Comment Information
  • 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

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.


Privacy Policy

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

1800 Saint James Place
Suite 620
Houston, TX 77056

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

Review Us