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Texas Divorce and Prenuptial Agreement

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

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

Prenup Basics: Protecting Real Estate and Assets

Although prenups are particularly important for celebrities, others have increasingly been employing them as well. They are a good idea for anyone with assets or income worth protecting, as prenups help couples handle things like real estate or spousal support according to each spouse’s wishes. As couples are marrying at an older age today, they typically bring more assets into a marriage, so prenups are a good idea to keep up with changing marital trends as well.

For a prenup to be valid down the line, the prenup must meet legal requirements. Some of the important aspects to remember about a prenuptial agreement include the following:

  • Each spouse needs separate, independent legal representation
  • Neither side can waive the right to child support payments
  • Each spouse must fully disclose his or her assets for the prenup to be enforceable
  • Any impropriety (threats or hiding assets, for instance) can render the prenup invalid
  • Ideally, a couple should work out the details of the prenup and sign it well ahead of the wedding to avoid the appearance of rushing into something
  • The prenup should not be exceedingly in one spouse’s favor, as courts have thrown them out when it leaves one side with next to nothing
  • A will and a prenup can overlap, but generally the will can only improve on a spouse’s prenup outcome, not make it worse

What important matters did you include in your prenup?

John K. Grubb & Associates, P.C. – Houston divorce attorneys

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