A prenuptial agreement (called a "premarital agreement" in Texas) is a contract between parties, made before and in contemplation of marriage, that attempts to establish, change or remove the parties' property and support rights otherwise defined by law. Properly executed premarital agreements are presumed valid and are favored under Texas law. Generally, premarital agreements follow the law of contracts, and certain formalities are required for a premarital agreement to be binding. The rights of children to support, however, cannot be altered.
A premarital agreement is not an inauspicious document betting that your marriage will end in divorce, but rather is one that will protect you in case your marriage is one of the 1-out-of-every-2-marriages that end in divorce. Once your future spouse sees the benefit to both parties that a premarital agreement provides, they won't be so hesitant to agree. Contact us to find out how to present a premarital agreement to your future spouse without being seen as unromantic.
A post-marital agreement is generally entered in to when the parties suspect the relationship may not last and want to avoid conflict over the division of property (and income derived from) in the event of a death or divorce. Each party should be represented by their own attorney. Contact us to learn more.
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