Pearland Prenuptial Agreement Attorney

Trusted Prenup Lawyers Serving Harris County

Prenuptial agreements are a relatively new presence in Texas family law. Although they have been around for a while, they have been used with more frequency in the past decade or so. Couples are delaying marriage, often to the point where they have established lucrative careers or acquired a decent amount of property on their own. Perhaps one spouse is earning significantly more than the other spouse at the time of the marriage, or one spouse has incurred a lot of debt. In those cases, it is often a practical exercise to create a prenuptial agreement that determines how their property will be characterized and divided in the event of a divorce.

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What is a Prenuptial Agreement?

A prenuptial agreement is a legal contract between the two parties that is executed prior to the marriage. Prenups often clarify whether or not property acquired during the marriage will be considered community or separate property, in the event of divorce. A thorough premarital agreement will also specify how property bought by the parties before the marriage will be owned. In most cases, it covers the potential division of retirement, real properties, and other assets in the marriage if the parties divorce.

These agreements can also contain provisions that require the payment of attorney’s fees, especially if one party challenges the viability of the agreement and loses. Parties can be quite creative when it comes to prenuptial agreements, although there are limitations to what it can accomplish.

Defining Community vs. Separate Property in Texas

Income is automatically considered to be community property in the default statutes – but a prenuptial agreement can change this and characterize all income from separate property or separate labor is not part of the community estate. It also can contemplate the ability of either party to request spousal support.

Can Prenups Establish Child Custody & Support?

Prenuptial agreements can discuss parenting roles; however, the provisions determining custody or child support will not be binding in a court of law. The court will always consider the best interest of the child over and above a private, contractual agreement.

Why Should I Get a Prenuptial Agreement?

There are multiple reasons why premarital agreements are beneficial for couples, such as:

• It forces them to sit down, declare their assets and liabilities, and help them sort out what is important to them when it comes to the financial health of their relationship.
• It ensures that both parties have clear expectations about their marriage and potential divorce.
• Prenuptial agreements can lay out the desired distribution of property on death.
• If you have certain family property that you inherited, you might want to keep it in your own family line, rather than it going to your spouse or their children in the event of your death during the marriage.

What Are the Limits of a Premarital Agreement?

One major thing parties should know is that a premarital agreement cannot waive a future spouse’s benefit under an ERISA-protected plan, like a 401k. The spouses must reaffirm any waiver of these retirement benefits after the date of marriage in order for these provisions to be enforced. It also cannot be used to defraud creditors, like transferring all the property you own into your spouse’s separate property in order to avoid foreclosure. Of course, it also cannot require anything unconscionable or illegal.

Understanding the Benefits of a Prenuptial Agreement

Many couples may view prenuptial agreements as a sign of distrust, but in reality, they serve as a proactive measure to ensure clarity and security for both parties. By establishing a prenuptial agreement, you can foster open communication about finances and expectations, setting a strong foundation for your marriage.

Here are some key benefits of having a prenuptial agreement:

• Clarity in Financial Matters: A prenup can help clarify each partner's financial responsibilities and expectations, minimizing misunderstandings down the line.
• Protection of Individual Assets: If you own significant assets or businesses, a prenup can protect your interests and ensure that your hard-earned wealth remains intact.
• Debt Protection: A prenuptial agreement can protect you from taking on your partner's debts, ensuring that you are not held liable for financial obligations that are not yours.
• Customized Terms: Unlike court-imposed agreements, prenups allow couples to tailor their arrangements according to their unique circumstances and preferences.
• Peace of Mind: Knowing that you have a plan in place can alleviate anxiety about the future, allowing you to focus on building a loving and supportive relationship.

At The Dieye Firm, our experienced attorneys will guide you through the process of creating a prenuptial agreement that meets your needs and protects your interests. Contact us today to learn more about how a prenup can benefit you and your partner.