Do You Need a Premarital Agreement?

A premarital agreement, also known as a prenuptial agreement or a “prenup,” is an agreement reached between two people before they enter into a lawful marriage. The purpose of the premarital agreement is to protect the individual interests of each party in the case of divorce. If you are considering a prenuptial agreement in the Houston area, call 713-568-5401 to schedule a consultation today.

What can a Prenuptial Agreement Include?

A prenup may address the following issues:

  • Rights and obligations regarding property
  • Rights to retirement benefits
  • Rights to death benefits
  • Rights to spousal support

In the state of Texas, prospective spouses can come to an agreed upon schedule and amount for spousal support. As we have discussed previously on our blog, spousal support in Texas is not easy to get and may not be assigned by the court. However, if an amount of support is agreed upon prior to the marriage, the court will enforce that as part of the final divorce decree.

Unlike spousal support, child support, custody, and visitation cannot be included in a prenuptial agreement. Many factors go into the court’s decisions regarding these issues, and those considerations cannot be influenced by premarital agreements. During your initial consultation with our Houston prenup lawyer, all issues that can and cannot be covered by your agreement will be discussed in full.

Is a Prenup Right for Me?

You may want to look into a prenuptial agreement in Texas if:

  • One or both spouses is bringing significant debt into the marriage
  • One or both spouses is bringing property, investments, or other assets into the marriage
  • One spouse is much wealthier than the other
  • One or both spouses is bringing children from a previous relationship into the marriage

There are, of course, many other issues that may be addressed in your premarital agreement. Yasmin Kutty will discuss them all with you to help make sure you and your future spouse are protected in the case of divorce.

If you are considering a prenuptial agreement in Texas, please contact the Kutty Law Firm to schedule a consultation today. Located in Sugar Land, our family law attorney serves Houston, The Woodlands, and all surrounding areas.