Premarital Agreements in Texas
Serving Houston, Katy, Conroe & the Surrounding Areas
A premarital agreement, also known as a prenup or prenuptial agreement, is a legally binding document that determines the division of property, including assets and liabilities being brought into a marriage. With a premarital agreement, both parties are able to protect their current assets and how future income or liabilities are to be handled before entering into a marriage which can significantly ease divorce proceedings should the marriage come to an end. These agreements require financial disclosure of all assets and liabilities and must be negotiated properly to be enforceable in Texas.
What a Prenup Can Cover in Texas
In the state of Texas, a prenuptial agreement may separate existing property and assets into “community,” belonging to both parties, and “separate,” belonging to just one party. These agreements often cover what will happen to separate properties in the case of divorce or the death of one spouse. In some cases, they can also include prerequisites for property division such as seeking counseling before filing for divorce.
A Sugar Land family law attorney like Yasmin Kutty can assist with executing an enforceable agreement in the event there is a divorce.
What a Prenup Cannot Include
A prenup cannot contain language that could be harmful to future children, that could be construed as unconscionable, that interferes with a future spouses rights to ERISA-protected benefit plans, or be manipulated to defraud creditors or violate Texas law in any way. Attorney Kutty can carefully review the items you wish to include in your prenuptial agreement to help you avoid snags should the document need to be used.
Remember that premarital agreements are voluntary. If it can be shown that either party was coerced, they may become void during divorce proceedings. It is recommended that each party have their own legal representation to negotiate a premarital or post nuptial agreement. Contact us today!
Do prenuptial agreements hold up in Texas?
Prenuptial agreements need to meet several requirements in order to hold up in court under Texas law. They must, for instance, be put in writing and signed by both parties before the marriage and will not hold up if they are only verbal.
Additionally, a prenup that attempts to waive future child support obligations will be invalid, as Texas law prevents this type of agreement. This is because the right to receive support belongs to the child / children, not their parents.
Religious Traditions & Premarital Agreements
Some religious traditions, most notably Mehr agreements, can be included in a premarital agreement. Specific properties or assets given to one of the parties during a religious ceremony will simply need to be included in the initial prenuptial agreement. At that point, the gift can be identified as “separate” property and will remain the property of its recipient. Attorney Kutty understands the legal complexities of these agreements and has years of experience helping families who honor these practices protect their property rights. A property premarital agreement can clarify how gifts and or money should be divided in the event of a divorce.
Contact Kutty Law Firm, PLLC
There are a number of reasons to consider a prenuptial agreement in Texas. If you would like to learn more or if you are ready to begin the prenup process, please call Kutty Law Firm, PLLC to set up a meeting with our Sugar Land premarital agreement lawyer.
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