Are Prenuptial Agreements In Texas Ironclad Protection In Divorce?

Texas is a community property state, meaning that all property and assets acquired during a marriage are presumed to be jointly owned by both spouses. Think: “What is mine is ours.”

However, anything a partner brings to the marriage is considered separate property if the assets have not been commingled with those of the community. A prenuptial agreement can be helpful to mitigate potential issues by keeping separate property out of the marital estate in the event of a future divorce.

Learn about prenuptial agreements and the protections they offer, then speak to our Texas prenuptial agreement attorneys for assistance.

Why Do People Get Texas Prenuptial Agreements?

Many good reasons exist to set up a prenuptial agreement in a Texas marriage. For example, if one spouse brings significant assets to the union that they do not want to be joint property, a prenuptial agreement is helpful to clarify that property’s character. The property that is intended to remain separate could be a family business, real estate, an inheritance, or future income from investments, among many other possibilities.

A prenuptial agreement also may be helpful if there are children. A “prenup” could ensure that the parties’ children are provided for after your divorce or death.

The prenup can also be used to ensure one spouse receives alimony. While Texas law can be less than enthusiastic about providing alimony, if the prenup specifies it, the divorce court may honor the agreement. People also may opt for a prenup if one party has fewer debts and wants to be sure that the debt does not become the other party’s obligation.

What Are The Limits Of Texas Prenups?

A Texas prenup cannot decide everything about how assets are divided if there is a divorce. For example, the prenuptial agreement cannot set up an agreement regarding child support; only the court hearing the divorce can make this decision. The agreement also cannot allow for illegal acts under Texas law, such as establishing a polygamous marriage (between more than two people).

How To Make A Valid Prenuptial Agreement

If you want your prenuptial agreement to provide ironclad protection in a divorce, you must be sure that the agreement is written correctly to later enforce it. You and your spouse should have separate attorneys to ensure that the agreement is written in a fair, understandable, and legally sound way. Note that some judges could question a prenup if one spouse did not have an independent legal review before signing the agreement.

The contract must have been executed in contemplation of marriage, and both must agree to sign voluntarily. A prenuptial agreement is unenforceable if the spouse who wants to enforce it is dishonest about the assets subject to the prenup. The best way to ensure your prenup is later enforceable is to hire an attorney to draft the document before the parties sign.

Also, a prenuptial agreement can be modified after the marriage if both sides agree to it via a “postnuptial agreement.” Valid separation of some types of property in prenuptial agreements can even require the later execution of a “postnup.”

Contact Our Texas Prenuptial Agreement Lawyers Today

Are you considering a prenuptial agreement, or are you in the midst of a divorce with prenuptial agreement questions? Refrain from trying to handle this complicated legal matter on your own. Instead, please contact our Texas prenuptial agreement lawyers at Orsinger, Nelson, Downing & Anderson at (214) 273-2400 for assistance with your case.