Taking a Realistic Look at Texas Prenuptial Agreements

two people analyzing a contract

There is no denying that prenuptial agreements have a bad reputation, but this is not necessarily warranted. While some people who enter into prenuptial agreements (which are simply legal contracts) are guided by jaded reasons, most have legitimate reasons for doing so.

The most important point to make is that having a prenup in place in no way means that your marriage is more likely to end in divorce. If it does, however, your financial rights may be better protected. Discuss your divorce-related concerns with an experienced Belton divorce attorney today.

What Your Prenuptial Agreement Realistically Can Do

Your prenuptial agreement can address all of the following matters (but the protections provided are only as strong as the prenuptial agreement itself):

  • Each party’s rights and obligations as they relate to specific properties that either or both own (regardless of when the properties are acquired or where they are located)

  • Each party’s rights regarding the purchase, sale, transfer, use, exchange, lease, abandon, assignment, or management and control of a specific property

  • How property will be addressed upon any specific event, such as separation, divorce, death, or the occurrence (or even nonoccurrence) of any other event specified

  • The modification of or the elimination of spousal maintenance

  • The creation of a will, trust, or another legal arrangement that carries out the provisions in the premarital arrangement

  • The ownership rights as they relate to the disposition of death benefits from a specific life insurance policy

  • The law chosen to govern the prenuptial agreement’s construction and disposition

  • Any other matters, including the parties’ personal rights and obligations, as long as the issues involved are not in violation of public policy and there is no related statute that imposes a criminal penalty

To put this more simply, your prenuptial agreement can identify separate property that will not be split between you in the event of divorce, can authorize the management and control of said property, can explicitly require or exclude spousal maintenance (alimony), can choose which state will oversee the implementation of the prenuptial agreement regardless of where it was enacted or where you live at the time it is called into action, and – finally – can include any terms that are important to either of you, as long as they are not illegal and do not violate public policy.

What Your Prenuptial Agreement Cannot Do

Other than matters that are illegal or that violate public policy, the only marriage-related issues that your prenuptial agreement cannot address are child custody and child support terms, unless the child support terms included are more generous and expansive than the state’s own guidelines.

An Experienced Belton Divorce Attorney Can Help

Brett Pritchard at The Law Office of Brett H. Pritchard is a trusted Belton divorce attorney with a wealth of experience helping clients like you create and enforce prenuptial agreements that protect their financial rights. For more information, please do not hesitate to reach out and contact us online or call us at 254-501-4040 today.
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