Prenuptial agreements are contracts that people enter into before marriage to handle things like property division or spousal and support in the event that the marriage ends. Postnuptial agreements concern the same subjects, though couples enter into them after marriage. Except in very unusual circumstances, courts will uphold prenuptial agreements that detail how the couple would like to split their possessions. Couples considering a pre or postnuptial agreement should consult a Houston property division attorney for more information on how to protect their interests.
Prenuptial Agreements and Property Division
A well-crafted prenuptial agreement can be particularly important for some of the gray areas that exist in Texas regarding property division in the event of a divorce. As a community property state, Texas family law generally assumes that property that a couple acquires during marriage is community property and subject to division in the event of a divorce. Any other property is separate, which a court will not divide in a divorce.
Some of the areas for which a prenuptial agreement can help enforce spouses’ goals and intent include:
- When one spouse has a business prior to marriage and the couple agrees that proceeds from that business should remain solely with the owner
- When spouses specifically want to mention that a court should treat separate property as community property
- When spouses want to specify how to handle assets and payouts relating to retirement plans or investment accounts
- When spouses acquire community property using separate property assets
In addition to property considerations, prenuptial agreements can also handle other areas of marriage that can be just as complex or difficult. Couples can agree to arrangements involving child support, spousal support or provisions providing for consequences in the event of adultery. Contact a Houston property division lawyer at John K. Grubb & Associates, PC to learn how employ prenuptial or postnuptial agreements.
