How To Get a Prenuptial Agreement in Texas
Marriage is a unique institution in the United States that encompasses both spiritual and secular components. While it may be the spiritual aspects that motivate you to get married, you are also entering into a legally binding contract. A prenuptial agreement is a contract that provides legal clarification about how a married couple wants to handle their property if the marriage ends.
How Prenuptial Agreements Work
Texas law calls a prenuptial agreement a premarital agreement. These agreements detail the financial and property rights of each spouse if the couple gets divorced. When Texas couples choose to enter into these agreements after they get married, they are called marital property agreements.
Texas is a community property state. Without a prenuptial or marital property agreement, all assets that either spouse acquires during the marriage are jointly owned by both spouses, and most property that either spouse brings into the marriage is separate property unless the couple commingles the assets.
Texas couples can use a premarital agreement to keep property that would otherwise be jointly owned separate or to convert separately owned property to jointly owned property. Premarital agreements are often used when one or both spouses bring a substantial amount of property into a marriage or when they have children from a previous marriage or partnership.
You may also use a prenuptial agreement to ensure that your spouse receives alimony if you divorce. Premarital agreements cannot address every aspect of how the court will divide your assets if you divorce; however, they can limit the uncertainty and provide you and your spouse with more control over the process.
Steps for Getting a Premarital Agreement in Texas
The process of creating a premarital agreement in Texas is fairly straightforward, but the agreement must contain several items to be valid.
Step 1: Discuss the Terms With Your Partner
A premarital agreement is an agreement. The heart of the document is the rules that you and your future spouse agree you both want to follow if you get divorced. Talk to your spouse about what you want, and if you are having trouble agreeing, consider working with a mediator or other legal professional.
Step 2: Talk To a Lawyer
You do not have to have a lawyer to create a premarital agreement in Texas. However, if you leave something out that the law requires or try to include something that the law does not allow, your agreement may not hold up in court. A lawyer can help ensure that your agreement includes all the required elements:
- A written agreement
- The voluntary signature of both parties
- Full disclosure of all assets and liabilities before the agreement
Neither party can force the other to sign through coercion or duress. Each party must also provide the other with reasonable and fair disclosure of all of their assets and financial obligations unless the other party voluntarily waives this right.
Step 3: Review and Sign the Document
Once you have completed your written agreement, you, your future spouse and your legal representative should review the document for errors or disagreements. Modify the document if necessary and then review it again. If everything is correct and agreed upon, both you and your partner must sign the document to make it valid.
Conclusion
No one enters into a marriage with the intention of getting divorced. However, divorces do happen. A prenuptial agreement can provide you with peace of mind that if your marriage does end, you and your spouse will not need to spend your time and energy haggling over property when you would rather move on to rebuilding your family relationship. If a premarital agreement is something you and your partner want, contact a family law attorney in your area to get started.