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Issues a Prenup Can and Cannot Address

Posted on in Family Law

Dallas prenup attorneysPrenuptial agreements can be an excellent way for a couple soon to be married to come to an agreement about how certain things would be settled in the event of a divorce. Property division is quite frequently the major concern for couples who seek out a prenuptial agreement. Developing a prenuptial agreement is a wise decision for many couples. Marriages do end in divorce quite frequently, and having a strong prenuptial or postnuptial contract in place can certainly make the divorce process easier. 

However, there are limits on what a couple can legally agree to in a prenuptial agreement. Before signing a prenuptial agreement, it is crucial that you speak with your own attorney who can make sure that you are well-protected in the contract. 

What Can Couples Legally Agree to in a Prenuptial Agreement?

Couples make the choice to create a prenuptial agreement for a wide variety of important reasons. Often, prenuptial agreements are used when one or both parties have significant assets, have an ownership interest in a business, or have other complex financial concerns. In Texas, prenuptial agreements can cover: 

  • Community property - Texas is a community property state. Some married people, however, prefer to keep certain assets as their own separate property. This can be accomplished through a prenuptial agreement in most cases. 
  • Property division - Agreeing on how community property and other marital assets would be divided in the event of a divorce is often a primary goal of those employing prenuptial agreements. 
  • Debt - Couples can agree on who will be responsible for certain debts.
  • Alimony - The question of whether one party will be eligible for alimony after a divorce can often be settled via a prenuptial agreement. 

It is important to note that a court will still refuse to enforce a prenuptial agreement in certain circumstances, such as when doing so would be drastically unfair. 

What Issues Cannot Be Controlled by a Prenuptial Agreement? 

Not every issue that may arise in a divorce can be settled in advance by a prenuptial agreement. Provisions that cannot be included in a prenuptial agreement include: 

  • Child support - Neither parent can waive or alter the child’s right to receive support from both parents. 
  • Child custody - Custody concerns will be decided based on the best interests of the child, not based on a contractual agreement. 

While it may be convenient for couples to make agreements in advance about how they would parent going forward should they split, Texas courts will want to base all parenting arrangements on the current situation at the time of divorce. 

Call a Texas Prenuptial Agreements Attorney

If you and your spouse-to-be are considering entering into a prenuptial agreement, Clark Law Group can help you construct a fair and legally sound contract. Our Dallas prenuptial agreement lawyers are skilled at working with couples to reach agreements that protect both parties. Call us at 469-906-2266 to arrange a consultation. 

 

Source:

https://guides.sll.texas.gov/marriage-in-texas/premarital-agreements

 

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