A great deal of costly and contentious divorce litigation is avoided when couples enter into prenuptial agreements (before marrying) or marital agreements (after marrying). These agreements change the parties’ marital property rights under Texas law. They can be used to prevent the creation of a community property estate during marriage and protect the separate property estates of each party. The agreements are formal documents that must comply with Texas law to be enforceable. Once entered into by the parties, these agreements are generally enforced by Texas courts if they meet the formalities required under the law.
Parties to these agreements must have an opportunity to consult with legal counsel, but can waive that right, and must have the opportunity to receive a full and fair disclosure of the estate of the other party, but can waive that right as well.
Eliminate Problems Before They Begin
Prenuptial and marital agreements should be considered as an option:
- By parties with high net worth
- By persons with future high earnings potential
- By parties who have blended families
- By people who may have a future risk of claims by creditors
- By parties wanting to identify separate property
- By parties wanting to avoid the creation of a community property estate
- By parties wishing to clarify and create defined support obligations like contractual alimony
- By parties wishing to eliminate future support obligations, other than child support obligations
Prenuptial agreements and marital agreements cannot be used as custody agreements. However, they can be very useful during divorce.
The lawyers at Laura Dale & Associates, have many years of experience when it comes to drafting, defending, or attacking premarital and marital agreements in Texas. We can answer all your questions about prenups or questions about postnups.
Contact A Skilled Attorney
Contact our Houston office today to arrange a meeting with one of our lawyers.