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What Should I Include in a Prenuptial Agreement?

A man and woman reviewing a prenup with an attorney

Protect Your Future

A prenuptial agreement, often regarded as an unromantic yet practical step in planning for a marriage, can provide a clear roadmap for couples, especially in Texas, where property laws can prove to be complex. This document allows couples to navigate the potentially tumultuous territories of financial rights and asset division, ensuring they approach these matters with clarity, fairness, and mutual respect.

In this blog, we delve into the specifics of what to include in a prenuptial agreement in Texas, aiming to dispel misconceptions, answer pertinent questions, and guide you toward making informed decisions that protect both parties' interests.

Division of Assets & Debts

One of the critical components of a prenuptial agreement in Texas revolves around the division of assets and debts. By clearly defining which assets are separate (owned before the marriage) and which will be considered community property (acquired during the marriage), couples can avoid potential disputes in the event of the unthinkable: a divorce.

Equally important is the consideration of debts. A well-drafted prenuptial agreement should delineate who will be responsible for what debts, preventing one party from being unfairly burdened with the other's pre-existing or future liabilities. This level of financial transparency provides a solid foundation for the fiscal aspects of marriage, promoting fairness and predictability.

Spousal Maintenance

Spousal maintenance, commonly called alimony, is another critical element in a Texas prenuptial agreement. It entails the financial support one spouse must provide the other during or after a divorce. At the same time, the courts in Texas have guidelines for determining spousal maintenance; a prenuptial agreement allows couples to establish their own terms. They can decide on payment amount, frequency, and duration or waive spousal maintenance altogether.

Establishing these details beforehand can simplify the divorce process, should it happen, and alleviate some of the financial uncertainties and stress associated with it.

Protection of Family Property

The preservation and protection of family property and inheritance is another critical concern that can be addressed within a prenuptial agreement in Texas. If a spouse comes into the marriage with significant family property or stands to inherit substantial assets in the future, a prenuptial agreement can stipulate that such assets remain separate property, not subject to division in the event of a divorce. This provision ensures that family heirlooms, property, or wealth is preserved for future generations, providing financial security and peace of mind.

Work With Texas Prenuptial Agreement Attorneys

For help creating a prenuptial agreement that will provide you the protection you need, turn to the team at Diggs & Sadler. Our team of prenuptial agreement attorneys is ready to help you protect your future.

Learn more or get started by calling (713) 766-5355 or visiting our website.

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