Southlake Prenuptial Agreement Attorneys

Advantages of Prenuptial Agreements in Tarrant County, TX

Prenuptial agreements—often referred to as “prenups”—are legal documents permitted by the Texas Family Code that dictate how properties and assets will be divided in the event of divorce or, in some cases, death.

While they tend to have somewhat of a bad reputation, prenuptial agreements actually offer a number of benefits for any couple that plans on getting married. Contrary to popular opinion, prenups are not just for the very wealthy. In fact, prenups offer peace of mind and a sense of security to individuals from all walks of life.

Key Components of Prenuptial Agreements

When a couple divorces in Texas, their assets are divided into two categories: marital and separate property. Only marital property will be divided equally (though, not necessarily 50/50) between the two parties. Separate property, or any property or assets that were owned prior to the marriage, will remain separate. However, if income from separate property (such as an investment or mutual fund) is used to obtain more income during the marriage, the additional income will be considered marital property.

If you enter into a marriage without a prenup, in the event of divorce this property will typically be split between the two parties. This is just one example of why you might want to consider drafting and signing a prenuptial agreement.

Benefits of Prenups in Texas

Prenups can not only help to set up plans for how property will be divided in the event of a divorce, but it can also protect against alimony or set a standard for how spousal support will look.

If you are interested in learning more about how prenups work in Texas and how such an agreement might benefit you and your future spouse, contact our Southlake prenuptial agreement attorneys at Justice Law Firm, PC.We serve clients throughout the area, including in the city of Grapevine, TX and beyond.

Limitations of Prenuptial Agreements

While prenuptial agreements can allow you to dictate many aspects of a potential future divorce, it is also important to note what prenups cannotdo in the state of Texas.

1. Prenups cannot allow an individual to waive a future spouse’s right to certain benefits, such as 401(k) or pension benefits, or avoid preexisting creditors.
2. Additionally, prenups cannot stop child support payments or order larger payments that would otherwise be ordered by the Texas family court. Although prenups can detail certain aspects of visitation, the court will likely review such provisions and will always rule in the best interests of the child.

Understanding Prenup Validity in Texas

Prenuptial agreements do not expire on their own in Texas. However, although rare, some couples do include a clause in the prenup that specifies that the terms expire after a certain length of the marriage. Even though there isn’t an expiration date, per se, there are some circumstances that can nullify the validity of a prenuptial agreement.