Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

4550 Post Oak Place, Suite 201 • Houston, Texas 77027-3139

Phone: 713-877-8800 • Fax: 713-877-1229

Premarital and Marital Property Agreements

Anytime prospective spouses have substantial assets, children from other marriages, partnership or business agreements, or other assets, it might be suitable for the partners to enter into a Premarital Agreement defining the respective rights and obligations of each party. Texas Courts have taken the position in recent years that they will uphold the enforcement of any marital agreements and there are very few exceptions where a party can avoid the effects of a premarital agreement. As a practical matter in preparing a premarital agreement it is necessary that each party to the agreement have their own attorney.

2 Comments so far

  1. Linda on June 26th, 2007

    I signed a premarital agreement less than 24 hours before the wedding. It basically said what was his was his and what was mine was mine. He is wealthy and i am not. I had quit my job two weeks earlier on the promise that he would put me in his will to provide for me. That has not happened and looks like it will not happen. Now i do not evenhave a job to go to if something happens. I do not know what to do. We married in February. I thought he would put this all in writing to provide for me because I did waht was asked of me and quit my job. I left behind a great pension and a 403B.

    Dear Linda:

    Your premarital agreement is probably enfoceable. The Houston divorce courts routinely uphold premartial agreements. That is why it is so important to put the time and effort into doing a premartial agreement right — because you are probably going to have to live with the agreement — no matter how unfair it may seem.

    Good luck,

    John K. Grubb



  2. Kay C. on January 13th, 2011

    What is the advantage of executing a postnup agreement in lieu of a divorce? I understand a postnup may be advantageous if there are sizable assets that could be taxed heavily if they were to be sold; however, I realize that legally the parties would still be married. What if there were minor children in the marriage…how would support be paid?