Premarital agreements, also known as prenuptial agreements or prenups, are legal contracts entered into by couples before marriage. These agreements outline the rights and obligations of each spouse in the event of divorce or death. If you’re considering a premarital agreement in Texas, it’s important to understand the legal requirements for validity and the topics that can be addressed in such an agreement.
What is a Premarital Agreement?
A premarital agreement is a legally binding contract between two people who intend to marry. The purpose of a premarital agreement is to establish the property and financial rights of each spouse in the event of a divorce or death. Premarital agreements are common for people who have significant assets, businesses, or children from previous relationships.
Legal Requirements for a Valid Premarital Agreement in Texas
To be valid in Texas, a premarital agreement must meet certain legal requirements. First, both parties must sign the agreement voluntarily and without coercion or duress. Second, the agreement must be in writing and signed by both parties. Finally, the agreement must be entered into before marriage and cannot be unconscionable or unfair.
Topics Addressed in a Premarital Agreement
In Texas, a premarital agreement can address a wide range of topics related to property and financial rights. These topics may include:
- The rights and obligations of each spouse regarding property acquired during the marriage
- The rights and obligations of each spouse regarding property owned prior to the marriage
- The management and control of property during the marriage
- The disposition of property upon divorce or death
- The payment of spousal support, if any
- The distribution of retirement benefits and other financial assets
- The disposition of life insurance policies
Contact The Blacknall Firm
If you’re considering a premarital agreement in Texas, it’s important to work with an experienced family law attorney to ensure that your agreement is valid and enforceable. A comprehensive premarital agreement can provide peace of mind and protection in the event of divorce or death.
To discuss retaining our firm for your premarital Agreement, divorce or child custody case, please schedule a consultation with us today.