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Prenuptial Agreements Archives

Are Texas prenups always enforceable?

Prenuptial agreements seem to be staging a bit of a comeback. While for many years, the idea of asking a proposed marital partner for a legal agreement that contemplated the ending of the relationship prior to death was considered unromantic at best, and incredibly tacky at worst, there seems to be more acceptance of the idea recently. This may be due to millennials being more likely to cohabitate before marriage and being more likely to see finances as separate rights, rather than something to collectivize.

What cannot be included in a prenuptial agreement?

In previous blog posts, we have discussed some of the advantages of forming a prenuptial agreement, or prenup. Although it may be an initially uncomfortable discussion for a soon-to-be married couple, the benefits that could be gained in time and money saved in the event of a divorce are hard to ignore. In addition, a prenuptial agreement can be helpful for couples to establish "rules" or procedures regarding finances and other marital tasks during the course of a marriage, assuring that both sides are on the same page when they enter into the marriage.

The benefits of prenuptial agreements

One of the many services our family law attorney, who is certified by the Texas Board of Legal Specialization, offers her Dallas area clients is advice and assistance with drafting prenuptial agreements. For those who are not married, similar agreements, called "partition/exchange" agreements are available. Texas couples that are already married are allowed to sign enforceable "postmarital agreements," which have the same effect as prenuptial agreements but for their timing.

Immigration issue trumps prenuptial agreement

Things are not always what they appear to be. Before a couple married in 2009, the husband — a U.S. citizen originally from Turkey — agreed with his immigrant bride that there would be no alimony in the event their marriage ended in divorce.

Secure the future with a prenuptial or postnuptial agreement

One of the most uncomfortable, yet important, topics for newly engaged or married couples is money. This could be why it remains one of the top reasons that couples here in Texas and elsewhere divorce. This is also why many people immediately think of divorce when they hear about prenuptial (before marriage) or postnuptial (after marriage) agreements.

A contract by any name is still a legal agreement

Marriage is by definition a contract. When someone enters into that relationship in Texas certain rights and expectations follow. To further clarify what rights and obligations a couple might expect is something that can be framed through a carefully crafted prenuptial or postnuptial agreement.

How important is attorney representation in a prenup?

There is nothing that says that a couple planning a prenuptial agreement must do it with the help of an attorney. But there is an old adage that goes something like, "A man who is his own lawyer, has a fool for a client."

Power of the prenup upheld, even in case of dementia

How we deal with dementia has been a challenge since the beginning days of organized society. Four-hundred years ago, the Bard himself focused attention on the subject in his play, "King Lear." It hasn't gotten any easier to deal with since then. Indeed, in some ways it's gotten harder. We know so much more about the causes of dementia than ever, and yet we are still far from finding treatments that can help.