A prenuptial agreement is a contract that is signed by prospective spouses in regard to the division of assets and property should the dissolution of their marriage occur. For a prenuptial agreement to be valid, it must be finalized before the marriage takes place. Who can benefit from these contracts and what does Texas law state? Let’s take a look.
There are a few situations in which spouses could benefit from entering into a prenuptial agreement. For example, if one or both parties are bringing considerable debt into the union, a prenuptial agreement is a good idea. This ensures that one party isn’t left with the other’s debt in the event of divorce. If either party is bringing property into the marriage or is wealthier than the other, a prenuptial agreement should be drafted. If an issue does occur, this protects the assets that each party brought into the union.
In Texas, prenuptial agreements can include the rights to certain properties. This includes who has the right to sell, buy, transfer, and abandon these properties. It could also include what should happen to the property if one of the spouses passes away. Texas prenuptials also include the rights to alimony, the making of a trust or will, and the designation of a beneficiary for life insurance.
While there is a lot that Texas prenuptials can include, child custody isn’t one of them. Legal arrangements can’t be made in advance, nor can any terms be set for child support. Instead, a judge must review the case to determine what’s best for the children involved.
When you’re looking to create a prenuptial agreement, the right legal representation is vital. The Law Office of Steven C. Benke has provided superior council to the San Antonio, Texas area for years. One of our specialties is family law. Whether you’re considering marriage or just interested in learning the parameters of a prenuptial agreement, our attorneys can help. Don’t enter into matrimony without first exploring the option of a prenup. With our help, both you and your future spouse will enter into your union feeling protected. Don’t leave your future up to chance. Instead, discover how the family attorneys at the Law Office of Steven C. Benke can help.
Learn more about our legal services by visiting www.benkelaw.com.