A prenuptial agreement may also assign responsibility for certain expenses. B for example for the education of a child. It can describe the specific financial effects of certain types of behavior, such as.B. infidelity. And it can indicate a preferred way to resolve disputes, for example. B recourse to mediation rather than going to court. In the event of divorce, they may provide for a certain amount of temporary spousal support or cancel the support altogether. These common reasons for prenup agreements don`t apply to everyone. Even if they don`t apply to you, you may want to get into a prenup for other reasons.

A marriage contract is also a good idea if one of the spouses has many more assets than another, if one has much more debt than the other, if at least one spouse will bring their property to the marriage, if one or both have children, and if one or both are considering remarrying in the event of a divorce. Today we`re going to discuss some of the provisions of a marriage contract in Texas. A prenuptial agreement is an agreement you make before marriage that deals with property, spousal support, and other financial matters. A prenuptial agreement may also provide for spousal support (alimony) in the event of divorce. On the other side of the coin, these agreements can be used to block or prevent the payment of spousal support if the couple divorces in the future. Certain terms of a prenuptial agreement will not be enforced if they violate the Texas Family Code by incorporating the terms explained in the last section, but the agreement may also be unenforceable as a whole if it does not meet the requirements listed above. Lawyer Ben Carrasco has guided many couples in drafting marriage contracts as well as post-marriage contracts. He is also adept at divorce and separation issues such as division of property, spousal support, and alimony and custody issues. Call Ben today at (512) 320-9126 or request a consultation online! Prenuptial agreements can also be used to prevent the creation of communal property during marriage, so that all property acquired or purchased during marriage is separate property. A marriage contract may also cover all other personal rights and obligations of each spouse during the marriage, provided that the provisions do not violate law or public order. You may want to control the distribution of property after your death or the death of your spouse to prevent what would be common property from being paid to your spouse`s family or to the children of another marriage.

These estate planning goals are important. (Although you can get a post-marriage contract after divorce that changes community property to separate property or vice versa.) You may have inherited family assets or land and want to keep them in your family`s lineage. When the income from this separate property becomes community property and is reinvested in that wealth, you may find yourself in a chaotic situation where people outside your lineage have their hands in the cookie jar. Prenuptial arrangements in community-owned states like Texas are often used to help a partner retain separate ownership of property that would otherwise be held jointly. These agreements can become important in the event of divorce or the death of a spouse, as they control how the property of the marriage is divided. They can also be used to provide financial support to an ex-spouse or stepchildren beyond what state law would require. Many people dismiss marriage contracts as indicators of mistrust or low hopes of marriage. However, creating a prenuptial agreement is actually a smart and financial decision.

For example, if one of the spouses has a lot of debts in the marriage, a marriage contract can prevent the other spouse from being burdened by that debt. If the couple subsequently divorces, the spouse with the significant debt remains responsible for the payment. When drafting your marriage contract, make sure it meets the reasonable needs of the dependent spouse in the marriage. You can transfer property or alimony depending on the duration of the marriage. You can also specify a period after which the contract or certain provisions end. There are several reasons why a prenup may be necessary. Whenever a partner brings assets into the marriage that he or she does not want to make of common property, a prenuptial agreement may be required in Texas. This property can be an inheritance, a business, or future income earned by working in a quarry or investing in oil wells. In addition, marriage contracts are not just about planning divorces or other negative outcomes. Prenups in Texas may include agreements on how property can be sold or disposed of in a number of events that may occur during the marriage.

In a prenuptial agreement, you essentially describe what will happen in the event of divorce. It may seem like you`re starting a marriage by discussing what`s going to happen in the event of a divorce, but these things can provide security. Whether you want to create a prenup or possibly invalidate it, you need an experienced marriage lawyer to help you. Look for someone whose practice focuses solely on family law and who has already dealt with many prenups. Also, find a lawyer who won`t make you feel uncomfortable or make your future spouse feel uncomfortable or pressured during the process to make sure everything is going as smoothly as possible and that there are no bad feelings on either side. To avoid these missteps and ensure you have a strong, valid and enforceable marriage contract at a later date, it is essential to work with a lawyer. Discussing a prenup with your future spouse can even give you the opportunity to create other long-term plans, for example. B by creating a trust or savings plan for the children or parents. As a rule, the only drawback of a prenuptial agreement is the fact that many people consider these agreements to be non-romantic. Although prenups are stigmatized, entering into a marriage contract with your future spouse is simply a form of life planning, much like making a will. Preparing for future challenges, even hoping for the best, is always a good idea.

An agreement was involuntary if the person was forced to sign the document (i.e., a bullet to the head), if the signature was obtained through fraud or undue influence. Usually, when drafting a prenuptial agreement, both parties will have separate lawyers to refute a later argument that the agreement was involuntary or misunderstood. The involuntary nature of a prenup is a very high standard to prove. It is not enough that one spouse has threatened not to marry the other without prenup. These agreements can deal with many types of issues, such as. B as the guarantee that separate property is preserved as separate property during marriage. Matrimonial arrangements are considered enforceable in Texas. The party opposing the execution of the agreement bears the burden of proof that the matrimonial agreement is inapplicable and cancels the agreement. There are few drawbacks to a prenuptial agreement.

This is especially true if one of the spouses contracts the marriage as rich or high-income. However, it is not enough that the disclosure was inadequate. .