Question By: Prenuptial agreements are not particularly common in Texas, or in most other states. Texas is a community property state, which means that all assets acquired during a marriage, no matter by which partner, are treated presumptively as equally shared by the two spouses.
Benefits of a Prenuptial Agreement
Some of the most obvious benefits of a prenuptial agreement are:
• Protecting each spouse's property;
• Avoiding high legal costs in the future to litigate a property division or spousal support settlement;
• Protecting each spouse from the other's debts;
• Avoiding future disputes;
• Preparing for the possibility of a spouse's death;
• Providing for children and loved ones from this marriage or a previous one; and
• Protecting a family business or family assets.
Limits of Texas Premarital Agreements
Premarital agreements in Texas can't determine everything about how assets will be parceled out in the event of divorce or death. For instance, they can't rule out or assign a cap to child support payments. Texas child support is determined by the court, usually using a standard formula based on the paying parent's income, and the premarital agreement can't affect that.
If You are Contemplating a Prenup, Talk To Orsinger, Nelson, Downing & Anderson LLP
A prenuptial agreement is not a sign that you believe divorce is inevitable. Sometimes it just makes sense to protect assets from creditors. If you believe you might want a prenup prior to marrying – or if your prospective spouse is asking for a prenup – you should talk to the Dallas prenup lawyers Nelson, Downing & Anderson LLP.
To learn more about prenuptial agreements in Texas, please visit https://www.ondafamilylaw.com/how-are-prenuptial-agreements-enforced-in-texas/
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