PHAM & CLOVES, PLLC

WE WANT PRENUP!! 

In Texas, a “prenup” is legally termed a “premarital agreement.” The term “prenup” comes from the term “prenuptial agreement,” which is the same thing as premarital agreement. Prenups are made between prospective spouses in contemplation of marriage. The prenup is not effective until a marriage occurs. If you get married and then make an agreement, it is not a prenup, but a “post-nup” or in Texas, a “marital agreement.” Both types of agreements, however, have similar requirements to be enforceable.

The main purpose of a prenup is to define the character, quantity and type of separate property that is brought into the marriage. A prenup must be in writing and signed by both parties. The prenup is in essence a contract between individuals, except with a prenup, there does not need to be consideration. That is, the parties do not have to give something up to get something else like in a regular contract. (I give up money for you to paint my house – you give up labor and materials to paint my house in exchange for pay).

Prenups are put in place generally when one spouse brings considerable property into the marriage and wishes to segregate that property and any income derived from that property from community property acquired during the marriage, as his or her separate property. Since Texas is a community property state, all property acquired during the marriage is presumed to be community – even income from a spouses separate property is considered community property. (E.g. rental income during the marriage from rent houses acquired by one spouse prior to the marriage) A prenup will allow for the income from separate property to remain separate property and rebut the presumption that said income is community property.

There are certain requirements for a prenup to be enforceable; and, a Houston Premarital Agreement Attorney at Veritas Legal Group, PC will be able to discuss with you the requirements of a prenup. Some of those legal requirements are: the agreement must be signed voluntarily and the agreement must not be unconscionable. To prove an agreement is unconscionable, a party can show that s/he was not provided “fair and reasonable’ disclosure of the property or financial obligations of the other party, s/he did not voluntarily and expressly waive the property and debt disclosure provision or s/he did not have or could not have had knowledge of the property or debt of the other party.

If you are contemplating getting married and seek to protect your separate property from potentially becoming community property, contact a Houston Family Law Attorney at Veritas Legal Group, PC to discuss your case. You can reach a Houston Premarital Agreement Lawyer by calling 713-492-0337 to schedule an appointment for a consultation. Or, simply fill out the online contact form and a Harris County Family Law Lawyer will contact you within 24 hours.