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What should spouses put in their Texas prenuptial agreement?

Many engaged couples find that broaching the topic of prenuptial agreements is a delicate task. Still, once the topic has been brought up and spouses agree that a prenup is right for them, they often breathe a sigh of relief and assume that the most difficult aspect of life planning is over. A Texas prenuptial agreement can contain many different clauses, though, and cover many different subjects. After a marital contract has been agreed-to, many couples wonder: what should we put in it?

First, it's helpful to know that couples don't have to go it alone. A Houston family lawyer can be an invaluable tool for the entire prenup process, from drafting to signing to potentially enforcing later on in the event of divorce. In the initial stages, couples can learn from a family law attorney what a prenup can and cannot include.

One of the main content areas of a prenup is asset protection. The document outlines the rights and responsibilities of each spouse with regard to both marital and non-marital property. A prenup can set limits on or allow for buying, selling, exchanging, leasing, exchanging or mortgaging certain types of property. In addition, a prenup can involve a plan for fair property division not only upon divorce, but also upon the death of one spouse.

One of the most common sources of contention after a marriage has ended is spousal support. A prenup can clarify responsibilities regarding spousal support; this allow the spouses themselves to be in charge of the process rather than experiencing court involvement down the road. A prenup cannot alter child support obligations, however, and spouses with questions regarding potential child support can bring their concerns to their family lawyer.

A Texas pre-marital agreement can also cover other personal obligations, as well as personal rights, during a marriage, so long as these are not in violation of the law or public policy.

Source: Texas Family Code, Title 1. The Marriage Relationship, Subtitle B. Property Rights and Liabilities, "Chapter 4: Premarital and Marital Property Agreements," accessed Jan. 2, 2015

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

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