Most people like to call prenuptial agreements a ‘plan to fail’ in the marriage. This is because they are written in anticipation of marriage failure. The tussle for property that ensues after a marriage has failed can be avoided by signing prenuptials. However, marriage, although with a big rider called ‘love’, is a contract like any other. Actually, you plan to fail if you do not enter into prenuptials with your spouse. Property and money is a big issue in any marriage. Most people will seek ways of making their marriage work if they know that should they divorce, they stand to lose each other’s properties and money. Prenuptial Agreements have faced a lot of opposition from all kind of people. They like putting an argument that ‘love should be enough’ to make a marriage work. If you are married, you probably know that this is not true.
So what should you put in your prenuptial agreement? Do you need a Houston Divorce Lawyer to help you put together the necessary documents? The following are the most commonly provisions put in the Prenuptial Agreements.
The Couple’s Salaries
Texan law says that a couple’s salary is community property. All community property is shared 50-50, or as the judge may deem equitable and fair upon divorce. Most couples like to classify their salaries as separate property in their prenuptials. Separate property is not subject to sharing unless under very special circumstances.
Income from Separate Property
Most couples like to put it clear in their prenuptial agreement that any income and property gotten from the separate property will remain as separate property. This means that upon divorce, it will not be subject to sharing.
A Houston Divorce Lawyer will tell you that under the Texan law, a spouse retains important rights to the marital home upon the death of his/her spouse. In the prenuptials, most couples waive this right to avoid the inevitable collision with the relatives of the dead spouse.
In the prenuptials, most spouses will want to waive the right of spousal support upon divorce. In the Texan law, a spouse is entitled to petition the court to enforce the right of spousal maintenance. This means that the working spouse is supposed to pay some maintenance fee to the spouse that is not working. However, this right is voided if in the prenuptials agreement he/she has waived that right.
Limitations of the prenuptials
One major limitation of the prenuptials regards children support. In Texan Law, you cannot waive the right to child support. The law dictates that it is the responsibility of every parent to take care of their children. If the law allows children support agreements in the prenuptials, it will become inconsistent and prone to abuse. Another limitation of the prenuptial agreement is that you cannot agree to change separate property into community property before you are legally wedded. Separate property remains separate. Remember that community property is the property acquired during the currency of your marriage. Any property you own prior to marriage is said to be separate until upon discussing with your spouse, you write a formal agreement that the said property will henceforth be known as community property.
Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer, who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases. He is familiar with the policy and procedures of the Harris County Texas Divorce Courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.
Michael Busby Jr.
6100 Corporate Dr. Ste 190
Houston, Texas 77036
Visit me on the web at www.busby-lee.com