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Austin TX Family Law Blog

Friday, December 30, 2016

Protect Yourself With a Prenuptial Agreements

How important is a pre-marital agreement in Texas?

Planning for your wedding day is a joyous occasion, but in the midst of romance all couples should consider whether a prenuptial or pre-marital agreement may be wise to protect their financial interests.  While all of us plan and hope that our marriage will last forever, the reality is that many marriages do eventually end in divorce.  By including prenuptial planning in your wedding planning, you and your future spouse can protect your finances and ward against potential disagreements in the future. 

Prenuptial Agreements in Texas Defined

The Texas Family Code allows prospective spouses to enter into a prenuptial agreement prior to marriage.  Prenuptial agreements are all unique, but generally they will govern the division of property in the event of divorce, as well as the rights and obligations of spouses regarding separate and marital property.  Prenuptial agreements go into effect as soon as the parties legally married, but those who do not enter into a prenup before marriage can pursue a post-nuptial agreement as well. 

Ensuring Your Prenuptial Agreement is Enforceable

Texas has adopted the Uniform Premarital Agreement Act (UPAA), which sets the standards for a legally enforceable prenuptial agreement.  To be enforceable in Texas, a prenup must be:

  • In writing;
  • Negotiated and signed in contemplation of the marriage;
  • Voluntarily entered into by both spouses; and
  • Conscionable, meaning it is not grossly unfair such that it would be against the interests of justice to enforce it.

Discussing Prenuptial Agreements with Your Spouse

Broaching the topic of a prenuptial agreement with your future spouse can be intimidating, but it is a conversation worth having for many couples.  Often, a discussion about prenups can become part of a broader conversation concerning financial expectations during the marriage.  A prenuptial agreement may prove vital in protecting your separate assets or future earnings, and can also prevent bitter disagreements over money and property in the unfortunate event you become divorced.  Prenuptial agreements are particularly important for individuals with a substantial income or those who are on their second or third marriage.  For assistance with your prenup planning, contact the experienced pre-marital agreement attorneys at Stinson Moyle, PLLC. 


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