Information on Prenuptial and Premarital Agreements in Texas

Presented by a Houston Premarital Agreement Lawyer

A prenuptial agreement is a contract made by two people in contemplation of being joined in marriage, and outlines many basic provisions under which two people agree to wed. Some specifics addressed in a Houston prenuptial agreement are:

  • The rights of either person regarding private property owned prior to being married, including the right to buy, sell, transfer, control or dispose of that property. Also included are the terms by which that property may be addressed if the marriage ends in divorce or if one spouse passes away.
  • The right or elimination of the right to spousal support in the event the marriage ends in divorce.
  • The right to ownership of individual assets prior to being married, or to the ownership of a death benefit from a deceased spouse’s life insurance policy.
  • The right to draft a will, or the right to address or any other personal obligation that is not in violation of a criminal statute.
  • The right to provide for children or grandchildren from a previous marriage.

Photo Premarital AgreementA prenuptial agreement may be entered into by any couple intending to wed, but they are often practical for middle aged couples seeking a second or third marriage or younger couples who have already built a significant individual asset base via their careers and/or their personal savings.

A Texas premarital agreement must be signed by both parties, and should be notarized before being placed on record in the Official Real Property records of a couple’s county of residence.

A premarital agreement, like most any contract, may be amended or terminated by both parties after marriage. Also like most any contract, a Houston premarital agreement may be invalidated if one party can prove they themselves did not enter into it, or if the premarital agreement can be deemed “unconscionable” – as in the case of not fully disclosing one spouse’s complete assets or financial obligations at time of signing.

When planning and executing something as essential as a prenuptial agreement, always work with an experienced premarital lawyer who can offer advice on the premarital agreement process and fine tune the agreement to suit your individual needs. Never use a standard form, such as those available online, as these types of blanket agreements may cause more harm than good in the long run.

If you are ready to marry the person who will be your partner in life, take a moment to draft an agreement that will outline the practical workings of that partnership. Contact John K. Grubb & Associates, PC for an appointment to discuss the financial elements of your upcoming union. By doing so, you may find the answers to questions you may not have considered, and benefit your married relationship by laying a solid bedrock of material understanding.

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