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A prenup is a contract that defines what happens to income and assets in the event of a divorce. Our law firm represents individuals in premarital agreements. Many people refer to these agreements as “prenups.” But Texas law refers to them as a “premarital agreement.” To discuss your prenuptial matter with an experienced Central Texas attorney, contact one of our family law attorneys at 254-753-6437.
Premarital agreements are contracts. Written agreements that are entered into between couples before they are married. Neither spouse needs to be represented by a lawyer. Couples use premarital agreements to avoid disputes about property ownership and the division of financial assets in the event of a divorce. Premarital agreements are commonly used by couples entering a second marriage, as they want to make clear definitions of separate property. Some couples are combining new households and want to protect children or other relatives from a first marriage. Others may receive income or spousal support from a past marriage and would like to make sure such income remains separate property.
However, this does not mean that couples entering their first marriage are banned from entering into what is commonly referred to as a “prenup.” People typically use premarital agreements to preserve assets owned before the marriage or distribute debts to a spouse in a divorce.
Since financial strife is the main reason for divorce, talking to your spouse ahead of time about finances can help in avoiding future disagreements over asset management. Of course, prenups are not the most romantic topic for discussion, frequently because it invites the thought that your relationship could end badly. However, discussing these issues creates healthy communication, sets clear expectations for financial harmony, and breaks down potential barriers that may limit your relationship. Even if you and your spouse decide a prenup is not for you, discussing it is an excellent idea.
But prenups have their drawbacks. Some people open the topic entirely at the wrong time. It is generally a bad idea to propose a prenup soon before a wedding. A prenup may also uncover other flaws in the relationship (other than a significant income disparity).
While you may agree on many financial and property issues through a prenup, it cannot include child support or child custody designations. Only family courts may make final determinations on these issues. Likewise, custody is determined by using the “best interest of the child” standard, where the court considers the number of factors to determine where the child will live and which parent may make decisions for the child.
The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state, just like other divorce laws. The following is the Texas state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the Texas court.
Our skillful Waco prenuptial agreement lawyers do not just draft many prenuptial agreements, but we also litigate their enforcement. This trial experience provides our firm with the unique experience to see the pitfalls of invalid prenuptial contracts.
To discuss your prenup with an experienced Central Texas prenup lawyer, contact an experienced family law attorney at Dunnam & Dunnam by calling 254-753-6437.
You can read what our family law clients have to say about us on our family law page. Wacoan Magazine routinely chooses our law firm as the Best in Waco. And the readers also choose us as the best family lawyers. We have three board certified family law attorneys.
Board certified lawyers must have significant experience, before even taking a specialized test to show their expertise in the practice area. Only 900 of the more than 100,000 Texas attorneys are board certified in Family Law. Three of those lawyers are at Dunnam & Dunnam. These lawyers engage and have been certified as specialists by the Texas Board of Legal Specialization in the practice of Family Law.
We have helped Texas families since 1925. Our law firm has the skill, reputation and results to last. Contact our Waco prenup lawyers by calling 254-753-6437.
Copyright © Dunnam & Dunnam, L.L.P. All Rights Reserved. Prior results do not guarantee a similar outcome. Dunnam & Dunnam LLP maintains this website to provide you with general information concerning itself and its attorneys, as well as to facilitate communications with persons and entities possibly desiring to establish an attorney-client relationship with a law firm or an attorney. Information provided by and through this website does not create any kind of attorney-client relationship with Dunnam & Dunnam or any of its attorneys and, furthermore, does not constitute and should not to be relied upon by you as any kind of legal advice or service by Dunnam & Dunnam or any of its attorneys. Dunnam & Dunnam L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
