• Premarital Agreements in Texas

    A family law attorney in the Woodlands often counsels engaged couples to consider creating a premarital agreement, sometimes called prenuptial agreements. No one ever anticipates getting divorced; a prenuptial agreements is simply an agreement that contractually determines how property is distributed if there is a split. As your family attorney will explain, having a plan in place will make sure that there are fewer issues, or disputes, later on. Continue reading to find out how hiring a lawyer to draft your premarital agreement will ensure legal validity, equitable distribution of property—and even encourage financial stability throughout the marriage.

    Encouraging Financial Stability Premarital Agreements
    In Texas family law, having your lawyer draw up a prenuptial agreement can encourage financial stability during a marriage. For example, if one spouse has a great deal of debt but not a lot of income, then a prenuptial agreement can arrange your affairs to keep the debt-free spouse’s income completely separate. In this way, creditors of the indebted spouse cannot touch the property or income of the debt-free spouse.

    Dividing Property Equitably
    The Texas Family Code authorizes prenuptial agreements to divide property upon divorce or the death of one spouse and can function to require, or exclude, spousal support or alimony. A lawyer can draft an agreement so that property is limited upon divorce whenever a specific contingency is not met. For example, a prenuptial agreement might require one spouse to pay a certain amount in contractual alimony to the other spouse if that spouse files for divorce without attending a certain amount of marriage counseling.

    Ensuring Legal Validity
    When you have a lawyer who practices family law draw up your prenuptial agreement, you can be confident that it is a legally binding contract. To be a valid premarital agreement in Texas, the document must be in writing and signed by both parties. As your family lawyer will explain, both spouses must also disclose all assets and liabilities before signing the agreement.

    To speak directly to a family law attorney in Spring, TX, contact Andrew J. Bolton, Esq. Our family law firm handles all issues pertaining to family law and wills, including estate planning. If you are considering drafting a prenuptial agreement or even weighing your options for legal separation, call us at (936) 435-1908 to speak to an attorney.

  • What Is a Prenuptial Agreement?

    Getting engaged is an exciting time, and no one wants to even consider the possibility of divorce. But now is also the time to talk to both your partner and to a family law attorney in Spring, TX, about a prenuptial or premarital agreement.

    A lawyer will generally recommend a prenuptial agreement if either partner comes into the marriage with either substantial personal assets or a much greater earnings potential. A prenuptial agreement is drafted by an attorney and it lists all your property, including homes, businesses, stocks, and bonds. A prenuptial agreement also lists each party’s debts. In the agreement, it is agreed to in advance, how property, debts, and payment obligations will be addressed in the event of a divorce. Your family attorney will then specify how these issues will be handled by the parties should divorce be found to be inevitable. Your attorney will also include a provision noting whether spousal support will be paid upon divorce.