A properly designed premarital (aka prenuptial) or post-marital agreement can protect specific property interests, specify arrangements for spousal support, and avoid confusion about assets during a potential divorce. Premarital agreements (prenups) are most often used in situations when one or both people about to marry wish to keep the parties’ separate estates distinct from the community estate. Commonly, parties who have been through divorce have learned just how much a premarital agreement could have saved them from problems in a previous divorce.
A premarital agreement is an agreement between two people made in contemplation of marriage and to be effective on the date of marriage. Premarital agreements regarding property are made possible by the state constitution, by Texas statutes, and by case law. In addition, public policy dictates that premarital agreements should be enforced, and the law favors these agreements. To stand up in court, a premarital agreement must meet certain standards. While a premarital agreement gives the parties a great deal of latitude to vary the operation of Texas family law with respect to property or alimony issues, it cannot affect the child support obligations that would otherwise apply.
After all, when agreements like these are created, most couples are happy and looking forward to a wedding. They generally are not contested until a divorce is filed. If the premarital agreement was not prepared by someone with the experience and skill to foresee the consequences of the document upon divorce and advise you about those consequences, then the original effort put into it might have gone to waste. We highly recommend hiring a premarital agreement lawyer to help protect your assets from unforeseen asset vulnerabilities before getting married.