There is no easy way for you to raise the idea of a prenuptial agreement with your future spouse. It is not something that will lead to a romantic evening. But, in some relationships, having the discussion about a prenuptial agreement, and then entering one is sometimes necessary and advisable.
Texas is a community property state, which means that any income earned during the marriage is considered community property and is split between the spouses upon divorce. A prenuptial agreement is designed to protect the assets that people have before the marriage and bring into the marriage.
What Details Will My Attorney Request Go Into the Prenuptial Agreement?
During the drafting of such an agreement, both people should make a comprehensive list of their assets. They should then consult their own attorneys, who can negotiate and draft the prenuptial agreement in a collaborative way, instead of an adversarial way. When negotiated and drafted properly, the agreement can protect the assets of each spouse, as well as protecting the spouses upon divorce by being a safety net to protect and assist the spouse with fewer assets. Unfortunately, many spouses approach prenuptial agreements in a way that immediately turns the discussion into an adversarial one. When one spouse drafts an agreement, and then outright presents it to their future spouse, without having discussed the reasons behind the need for it, or why it is needed, the surprised spouse normally has the tendency to react negatively. The shock of presenting such an agreement can cause great harm to the relationship, and the shock is not necessary.
Prenuptial agreements are allowed in Houston, TX. They must be in writing and must be signed by both parties. The agreement becomes effective upon marriage. The agreement can be amended or revoked, but the amendment or revocation must be in writing and must be signed by both spouses. A prenuptial agreement cannot adversely affect child support.
A prenuptial agreement can address:
- The rights and obligations of the parties concerning property whenever acquired, of either one spouse or both
- The right to buy, sell, mortgage, and property
- The disposition of property
- The modification or elimination of spousal support
- The making of a will or trust to carry out the agreement
- The rights in death benefits from insurance policies, as well as any other personal rights that are not in violation of public policy or in violation of the law.
Talk To Each Other, Then Contact Our Prenuptial Agreement Attorneys in Houston, Texas
Prenuptial agreements should be openly discussed between the spouses. If you cannot talk to your spouse about the need for such an agreement, or if you are afraid to do so, then, there may be other issues that you should address prior to your getting married. The key to reaching an agreement on a prenuptial agreement is the ability to have full and open communication between you and your spouse. The ability to have full and open communication with your spouse is very beneficial to you and your spouse and can save heartbreak later in your marriage. Having the ability to talk about finances and fears before you get married can help you address issues that arise in the relationship after you are married. The lawyers at Stepp and Sullivan are here to help you with any prenuptial or family legal issues you have. At Stepp & Sullivan, we make it personal. Powerful.