Prenup Attorneys in Houston

Houston Prenuptial Agreement Attorneys Helping Clients Protect Their Assets and Get Peace of Mind

Prenuptial agreements have a reputation for being cold or unromantic to many. But they don’t have to be. Increasingly common, prenuptial agreements actually provide peace of mind for the future.

When you enter into marriage, you want to be assured that certain assets are protected and not left to the unsympathetic legal process to decide how to divide. With a prenup, you can safeguard your assets from the family law court’s asset division rules and know that your property is in safe hands.

At Dodson Law Firm, our Houston-based legal team has years of experience representing complex family law legal matters, including helping a soon-to-be-married couple draft and review a premarital agreement. To learn more about prenups and how they can aid you going forward, please contact our law firm.

How Do Prenuptial Agreements Work?

A pre-nuptial agreement is a legal document between two individuals about to get married. Just as any marriage requires a marriage license, there may be other legal paperwork to consider before you say, “I do.” Prenups lay out the rights and responsibilities of both spouses in regard to debts, financial affairs, and the division of shared property in the event of a divorce or early death of a spouse.

Premarital agreements can provide financial protection, allocate outstanding debts, dictate the terms for child support and spousal support, provide protection to family-owned businesses, establish child custody, and work in coordination with your estate plans.

You should not think of signing a prenuptial agreement as something that robs romance from your upcoming marriage. Instead, think of your prenup as a way to exchange additional vows to each other, as you are establishing the means for what should happen if things turn out for the worse.

Who Benefits from a Houston Prenup Agreement?

There is a misconception that prenuptial agreements are exclusively for the super-wealthy. This couldn’t be farther from the truth. While prenups enter the news more often when there is a high-profile divorce, that does not mean that you should dismiss the idea of signing a prenup.

Prenuptial agreements can be beneficial to individuals in Texas such as the following:

Business owners.
Children from a previous marriage.
Future children.
Marriages where you plan for one of you to be a stay-at-home caregiver and raise your children.
One of the spouses will be seeking an education while the other spouse manages or supports the household.
Property owners.
Spouses who have a great disparity between each other when it comes to yearly income, personal assets, or outstanding debts.
There are significant real estate ownership legal matters related to family inheritances or family-owned businesses.
Your spouse. A prenup is not all about protecting you and your personal assets. Prenups can also protect your spouse from any debts that you accrue over the course of your marriage by defining debt ownership and marking it as a separate asset.

What Are the Requirements for Prenup Agreements Under Texas Law?

There are certain conditions that must first be met before you sign your prenup agreement.

Firstly, it is necessary that both parties have their own independent legal representatives.

Both of the soon-to-be-married spouses must fully and honestly disclose all known existing assets. They must also document all the assets they stand to inherit or receive from a payout.

Both parties must disclose their current income. In addition, they must disclose any expected increases in pay that may be on their way, including bonuses, raises, promotions, and receipts of company stocks.

The agreement must be signed voluntarily. This must be done sometime before the marriage. A last-minute premarital agreement could be challenged as involuntary.

Finally, no language included in the prenuptial agreement can be illegal under Texas state law.

What Should Be Included in Your Prenuptial Agreement?

Every prenuptial agreement is uniquely written and designed to meet the needs of the individuals signing on to the agreement.

That said, here are a few recommended inclusions for your prenup:

An agreement about whether debts will be the responsibility of one party or both parties.
An agreement on whether to try mediation before entering into divorce litigation.
Assurances that children from previous relationships will have access to your assets following either death or divorce.
The establishing of whether there will be any spousal support (aka spousal maintenance or alimony).
Who gets to live in the family home, and who will be responsible for the mortgage in the event of the dissolution of marriage?

What Cannot Be Included in Your Prenuptial Agreement in Texas?

Not everything can be included in your prenup. For example, you cannot include language that affects the terms of your child support arrangement in the future.

The following cannot be included in your prenuptial agreement:

Any agreements on child support, child custody, or visitation rights. A family law judge makes these decisions.
Any unlawful language.
Decisions on childcare and child-rearing duties.
Financial incentives to eventually divorce.
Personal preferences on non-financial issues that have no legal standing.

What Are Postnuptial Agreements?

If you have already gotten married, you may be able to sign a postnuptial agreement.

The benefits of postnuptial agreements include:

Ensuring that business interests are protected.
Establishing a legal framework for handling financial affairs within and after marriage.
Establishing the terms of spousal support.
Providing legal protection to separate property.
And more.

Please contact our Houston law office to learn more about whether a post-nup is right for you and your situation.

What is Considered Community Property and What is Separate Property?

Texas is a community property state. In a divorce, property that was acquired during the course of the marriage will be divided according to what a family law court deems fair and just. Community property is also called marital property.

Separate property, which is not divided during a divorce, is any assets acquired prior to the marriage. Additionally, if you acquired anything through inheritance or as a gift recipient, these assets may be considered separate property.

Community property is any property that you acquired during your marriage. Upon divorce, these assets will be the subject of property division between the two soon-to-be ex-spouses. That is, unless you have a prenuptial agreement. A prenup can impact the distribution of assets and protect your property.

Contact Us to Schedule Your Initial Consultation Today

If you are considering a prenuptial agreement, it is highly recommended that you retain legal counsel from an experienced Houston family law attorney. Dodson Law Firm has extensive experience in these practice areas.

To learn whether a marital agreement would help you and your spouse’s situation, please schedule your in-depth consultation today. You may contact us at 713-597-7141.