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Marriage agreements have existed for centuries. Today, what is most commonly called a "prenup" is a prenuptial contract drafted to address marital issues that would otherwise be governed by state law.

A prenup can also stipulate rights and obligations to be met during marriage. The contract usually lasts for the duration of the marriage, but it can be set to expire after a set number of years. The prenuptial contract only becomes effective when you get married in a legitimate wedding ceremony.

The Texas Family Code allows parties to enter into enforceable premarital agreements to contractually determine property issues. The prenup will remain in effect from the time of your wedding throughout your marriage, unless you set a designated time for it to expire. In the event of divorce, the premarital agreement will govern many of the decisions made during both separation and divorce.

Choosing to have meaningful conversations about finances, children, and other important topics at the beginning of your relationship is a great step toward avoiding a breakup in the future. Whether or not you want to codify these feelings into a legal document that governs your relationship is up to you.

Premarital agreements contain terms couples agree to if they divorce. A prenuptial agreement can be used to protect separate property, prevent delays in a divorce, and shield you from your spouse’s debts. Since Texas is a community property state, assets acquired during a marriage are presumed to be community property and are subject to being divided upon divorce. A prenuptial agreement can contractually alter Texas law with regard to community property and allow you and your future spouse to decide upfront which assets belong to each of you.

Texas Prenuptial Agreement Lawyers

In a prenuptial agreement, you outline what will happen in the event of a divorce. While it may sound like you are starting your marriage by discussing what’s going to happen when you split up, in reality you are thoughtfully planning for your future. To explore whether a prenuptial or postnuptial agreement is right for you, or for professional assistance negotiating, drafting, or reviewing a prenuptial agreement, contact Terry & Roberts today to discuss your needs with a skilled and knowledgeable Brazoria County family law attorney.

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