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

Houston Couples Look to Prenups in Divorce Settlements

Contracts certainly put a damper on the enchantment of marriage. Even so, many Houston couples are turning to prenuptial agreements, or prenups for short, before they marry. With the US divorce rate slightly over 50%, many people want to ensure that they do not lose financial position in event that their marriage does not work.

Couples today tend toward delaying marriage until after they have completed college and have established their careers. When they do contemplate marriage, they have generally accumulated assets and anticipate their financial growth to continue. Although most couples envision their marriage to last forever, the statistics cannot be ignored.

While the most outrageous prenups usually make headlines, the agreements usually deal with issues relating to asset ownership and property division in event the marriage breaks up and a divorce settlement must be reached. Clauses dealing with marital behavior, such as obesity, spending habits, division of household chores, and marital relations are not the norm.

Since young couples foresee their assets increasing as their careers mature, they look at prenuptial agreements as a means to keep their assets separate. Most agreements deal with property ownership, asset and debt division, and inherited property. The agreement outlines who gets what and how much, serving as a guideline for community property distribution if they divorce.

More established couples, especially those considering their second marriage, use the prenup as a means to protect their children. Untangling comingled assets may require a considerable use of resources. A prenuptial agreement makes a great deal of sense in instances where one party wants to preserve assets for children from a previous marriage, and prevent assets from inclusion in the divorce settlement.

Houston divorce attorneys generally caution their clients that, while providing the roadmap for asset division in a divorce, not all provisions of the agreement may be binding. Often, outrageous stipulations such as not paying child support care for children of the marriage or marital behavior are challenged by one party and set aside in Houston Family Courts.  As with all issues relating to marriage and divorce, it is a wise move for each party to retain independent, experienced counsel.

 

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