If you are getting married in Texas, family law attorneys suggest that you and your partner consider a prenuptial agreement, also called a prenup or marital agreement. These agreements are important legal protection for personal property brought into a marriage should the services of divorce lawyers is needed at a later date.

Even though every marriage begins with the brightest outlook for the future, some do unfortunately come to an end. If this were to happen, divorce lawyers find that a prenup can make the divorce process much less complicated.

What Is A Prenuptial Agreement?

A prenuptial agreement is a legal document drawn up between unmarried partners prior to the wedding. This agreement is usually drafted with the assistance of family law attorneys or divorce lawyers and addresses the personal property each party owns separately and apart from the other, as well as any substantial debt held by one or both of the engaged parties.

Prenups primarily identify which spouse is to get what property in the event of a divorce, when all marital property must be divided. Prenuptial agreements must be signed by both spouses to be legal and go into effect once a legal marriage has taken place.

Why Should I Get A Prenuptial Agreement?

Although many people may initially feel that marital agreements are difficult to discuss, following are some of the valid reasons that divorce lawyers suggest that you and your soon-to-be spouse consider:

Identifying Separate and Community Property

The main purpose of a prenup is to identify the separate property owned by you and your partner before the marriage and document the agreement as to its dispersal should divorce lawyers become involved.

This is especially important in Texas, which is a community property state. Any property you bring into the marriage must be proven to be yours to be separate property. Any other property will be classified as community property subject to division when divorcing. Couples can also agree that their income remains separate property, assign the right to sell or transfer certain property, and make other decisions about both separate and community property.  

Financial Stabilization of the Marriage

Prenuptial agreements can be important for ensuring a marriage is financially stable in the event that you or your future spouse has a large amount of high personal debt.

In the agreement, divorce lawyers can document that this debt is to remain the responsibility of the owning spouse, so it should not affect the marriage or the division of any community marital property in any way.

Control Over Property Distribution Upon Death

Family law attorneys point out that marital agreements can also be an important part of estate planning and the distribution of separate property upon the death of a spouse.

You and your future spouse can document that certain personal property should be handed down to children or other hei rs even when the marital property becomes the sole property of the surviving spouse.

Spousal Support Considerations

You and your partner are also able to waive the right to receive spousal support in the event of divorce or modify any obligation to provide it prior to the marriage.

Family law attorneys suggest that rather than thinking of a prenuptial agreement as a black cloud hanging over a marriage from the start, you and your spouse should consider it a courtesy to each other. Hopefully, your marriage will stand the test of time and you will never need divorce lawyers to help divide property.

Should you decide to split up, a prenuptial drafted by experienced divorce lawyers will ensure that both of you receive the property that is legally yours, without any problems!

Garza & Elizondo, LLP

Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
(956) 202-0067

North Brownsville
Meetings With Attorneys By Appointment Only
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526
(956) 202-0067

San Benito
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2395 La Palma Street, Suite A
San Benito TX 78586

(956) 202-0067