Houston Prenup Attorney

Safeguarding Your Future with a Prenuptial Agreement in Texas

Nearly half of all marriages in the United States end in divorce. It is perfectly acceptable for you to believe that your future marriage will defy the odds. However, you should be prepared in case of dissolution — executing a prenuptial agreement with your significant other is nothing to be embarrassed about! In fact, a prenuptial agreement is merely a way for you and your intended spouse to set expectations and eliminate future potential conflicts.

Are you considering a prenuptial agreement? Don't make the mistake of drafting a DIY prenup that will cause issues in the future. Contact the experienced prenup lawyers at Myers & Associates PLLC in Houston today! You can call our firm at (713) 322-9810.

What is a Prenup?

A prenuptial agreement, often referred to as a "prenup" for short, is a legally binding contract made between two individuals before they get married. The primary purpose of a prenuptial agreement is to establish the rights and responsibilities of each spouse concerning the division of assets, debts, and other financial matters in the event of a divorce or the death of one of the spouses. Here are some key aspects of prenuptial agreements:

• Financial Protection: Prenups are commonly used to protect the financial interests of one or both parties, especially in situations where one or both spouses have significant assets, debts, or business interests that they want to keep separate in the event of divorce.
• Asset Division: Prenuptial agreements can specify how assets acquired during the marriage (marital property) and assets brought into the marriage (separate property) will be divided in case of divorce. This can include property, investments, real estate, and other assets.
• Debt Allocation: Prenups can outline how marital debts will be divided between spouses, protecting each party from the other's financial obligations incurred during the marriage.
• Spousal Support: Prenuptial agreements can address the issue of alimony or spousal support, specifying the amount and duration, or even waiving it entirely in case of divorce.
• Inheritance and Estate Planning: Prenuptial agreements can establish how assets will be distributed upon the death of one spouse, ensuring that certain assets remain within a specific family or are passed on to particular heirs.
• Protection of Family Businesses: If one or both spouses own a family business, a prenup can protect the interests of the business and its assets by ensuring they are not subject to division in a divorce.
• Clarity and Predictability: Prenuptial agreements provide clarity and predictability in the event of divorce, potentially reducing conflict and legal costs.
• Child Custody: Prenuptial agreements generally cannot dictate child custody or child support arrangements, as these are determined based on the best interests of the child and may be subject to change.

It's important to note that prenuptial agreements must meet certain legal requirements to be enforceable, such as full financial disclosure by both parties, no coercion or duress in obtaining the agreement, and the agreement being in writing and signed before the marriage. 

Prenuptial agreements are not just about divorce; they can also be used to protect the financial interests of both spouses, provide security, and promote open and honest financial communication in a marriage. To create a valid prenup, it's advisable to consult with an attorney experienced in family law to ensure that the agreement complies with relevant state laws and addresses the specific needs and circumstances of both parties.