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Prenuptial Agreements in Texas

prenuptial-agreements-in-texasWhen you’re thinking about or planning on getting married, it can be easy to focus primarily or even exclusively on your impending happiness, on the romance of the event. But it’s also important to look at a marriage as a business venture, particularly if you are bringing a substantial net worth into the union, or you have children from a prior marriage. One of the best “business” decisions you can make in anticipation of marriage is to prepare and sign a valid prenuptial agreement.

Though a pre-nuptial agreement can be broader in scope, it typically focuses on how property will be allocated in the event of separation or divorce. The agreement is customarily prepared and signed before the wedding, but its terms are ineffective until the parties are legally married. A similar type of agreement can be entered into after marriage, but it’s technically known as a “post-nuptial” agreement.

Some of the common issues addressed in prenuptial agreements include:

  • Rights to alimony or spousal support
  • The allocation of property in the event of the death of one of the parties, or of separation or divorce
  • Rights to a death benefit from a life insurance policy
  • Who has the right to buy, sell, use, exchange, lease or otherwise manage or control any marital property during the marriage

A prenuptial agreement cannot set limitations on child support, and cannot establish any rights regarding child custody or visitation.

Though a prenuptial agreement in Texas does not require “consideration,” or something of value given by each party, it is a state requirement that a valid prenuptial agreement be in writing.

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At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas.

To learn how we can help, call our office at 281-761-6042 or contact us online . We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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