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Specialty tag(s): Prenuptial and Postnuptial Agreements
Aimee Pingenot Key | January 20, 2022
The modern premarital agreement can often be the secret to a stronger, happier marriage. Prenuptial agreements provide couples with the opportunity to work together and talk about hard issues, like their finances, independent estates, and what they want to form together before they get married. Having a modern prenup encourages couples to sit down and have constructive conversations about what their future looks like together financially before they actually enter into marriage, which can save a lot of heartache and difficult conversations in the long run. Even if a marriage is not successful, a clear framework has been laid out to guide dissolution in a concrete and cost-efficient manner.
A premarital agreement is a contract entered into by spouses before marriage. It helps to define how assets and debts are treated and divided during the marriage, at divorce or in death. Under the Texas Uniform Premarital Agreement Act, a valid prenup in Texas can include:
However, in addition to property and financial terms, a Texas prenup can also touch on the following terms:
By working with an experienced family law attorney, you can tailor your premarital agreement to fit you and your future spouse, ensuring it contains everything you need as a couple.
Traditionally, a prenuptial agreement in Texas is thought of as being a high-net-worth couple with a lot of assets. However, prenups have been modernized and are very important for almost anyone, especially for couples who have worked a long time to establish their own success in their own estates. This can include couples with children from prior marriages or relationships or family businesses or trusts that need to be understood and explained before entering into a marriage agreement.
It’s very important for couples entering into a prenup to be willing to talk openly and honestly about their expectations, about their estates, about their concerns, and about their visions of the future with their future spouse so that they can create something that works for both of them.
In order for a prenuptial agreement to be enforceable in Texas, it must not include provisions that violate public policy or implicate criminal culpability. If the couple has, or plans on having, children the prenuptial agreement also cannot interfere with a child’s right to receive the necessary support from their parent, so a term that functions to impact child support cannot be enforced. By consulting an attorney experienced in prenuptial agreements, you can get the specifics about what is needed to ensure that your agreement is enforceable in the state of Texas.
Yes, a married couple can jointly amend or terminate an existing premarital agreement after marriage by entering into a subsequent agreement, in writing, that disavows or alters the prenup. Both parties have to agree, and the new agreement must be in writing. Additionally, couples have the option of creating a postnuptial agreement after marriage.
At Goranson Bain Ausley, we work with couples to draft a premarital agreement that is customized and individualized for them. It is best to start thinking about this well before your “I dos” and contact an experienced Goranson Bain Ausley attorney in Dallas, Plano, or Austin to learn about your options. The more time that you and your future spouse have to talk about, envision, and create your future contract and relationship, the easier and more enjoyable the process will be.
To learn more about prenuptial agreements in Texas, please contact Aimee Pingenot Key at 214-373-7676.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.
Get Started Online
Save time and costs. Before your consultation, use our confidential online questionnaire to receive a personalized information pack in minutes.
Schedule a Consultation
Schedule an in-person or remote consultation with one of our experienced family lawyers by calling us or filling out the “contact us” form.