Prenuptials and Marital Property Agreements in Texas
Texas prenuptial agreements and post-marital property agreements must strictly comply with Texas law. Any deviation from the law will probably result in an agreement that is unenforceable. At the same time, a creative and experienced attorney can design custom-tailored prenuptial or post-marital agreements that suit each person's needs without damaging the relationship.
The Role of Prenuptial Agreements and Post-Nuptial Agreements
Generally, individuals desire antenuptial agreements or post-marital agreements to protect their rights to property they owned coming into the marriage or assets they acquire during the marriage. Prenuptial agreements may also be used to protect a spouse from the separate debts — personal or business — of a fiancé.
Under Texas law, a post-marital agreement may only relate to property ownership — to change community property into separate property in order to protect ownership in the event of a divorce and a property division agreement. Prenuptial agreements, on the other hand, may cover a wide-ranging list of subjects — from the amount of alimony in the event of divorce to property transfers during the marriage from the moneyed spouse to the non-moneyed spouse.
Some of the most dangerous and difficult subjects for prenuptial agreements are child-rearing or child custody and support in the event of divorce. Texas' law specifically prohibits prenuptial agreements regarding child support, and Texas courts have ruled many antenuptial agreements regarding child rearing to be unenforceable.
The Flowers Firm is available to assist with any martial agreement questions. Contact us
at (713) 236-7796 to schedule an appointment with one of our skilled attorneys at our office in downtown Houston.