Premarital Agreements

A premarital agreement is an agreement between two prospective spouses that details the terms of marriage and property before they are married and in the event that the marriage ends. It is a legally binding contract between the parties that outlines the marriage arrangement securing and segregating separate and community property including rights to certain real property, financial accounts and other assets as well as liabilities.

A premarital agreement is only enforceable if it is in writing and signed by both parties. The agreement becomes active and effective upon marriage.

Premarital agreements can cover a broad range of topics, including the rights of either party regarding private property owned prior to being married including the right to sell, control or dispose of that property. Such agreements often all so dictate the right or limitation of the right spousal support in the event of divorce.

According to law the rights of child support may not be adversely affected by a premarital agreement.

Other issues covered in prenuptial agreements often include the ownership of any death benefits from a deceased spouse life insurance policy, the right to draft a will or address other personal obligations not in violation of the criminal statute, and the right to provide for children and grandchildren from her previous marriage.

Premarital agreements can include almost any other criteria or subject matter including any personal rights and obligations so long as they are not in violation of public policy or a statute that imposes a criminal penalty.

Premarital Agreement (Divorce) in Texas Law

Family Code

Premarital+agreement*

pertaining to effective myrtle property agreements, uniform premarital agreement act, agreement must be in writing and signed by both parties, content, effective date, amendment or revocation, enforcement, void marriage, limitation of actions

Government Code

Marital+property+agreement*

pertaining to domestic relations orders, community property

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John Q. Lawyer

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