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Getting a Prenuptial Agreement in Texas

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Say you are getting married. You’re very excited and there are many plans to make, lists to write, things to buy, and people to call. Don’t forget about calling the lawyer. If you have an established career, assets that you want to protect, children from a previous marriage or children born before the marriage, and income that you have worked hard for, you may consider adding a prenuptial agreement to your list of things to do.

In Texas, a prenuptial agreement should be written by a lawyer. The laws surrounding prenuptial agreements are very specific and need the interpretation of legal counsel. The agreement must be in writing. It must also be signed voluntarily by both the parties. It must also outline the division of property agreement that both parties must abide by should the marriage dissolve. It also addresses support and all things related to money including savings, retirement accounts, and cash assets. It is wise to seek the advice and legal counsel of a professional who is experienced in prenuptial agreements in Texas. You wouldn’t want to make any mistakes in this area because it could cost you a lot of money and headache down the road.

There are many reasons why a couple would agree to a prenuptial agreement. Perhaps they both have acquired a lot of wealth before meeting and would like to keep their assets separate. Maybe they are looking out for any future children that may be involved if the marriage were ever to be over. It may be about protecting current children. Also, they may want to decide who gets what now so that later, the Texas court system doesn’t decide for them. It doesn’t matter why; the only matter is how the prenuptial agreement is written.

Both the bride and the groom should have their own legal counsel. They should ask lots of questions and read over the agreement more than once. They should think about the consequences of their actions before signing anything.

Finally, both parties should agree that a prenuptial agreement should be written otherwise there could be strife before the marriage ever begins. The topic of Texas prenuptial agreement might be a hard conversation to have but sometimes it is necessary and can work to protect all parties involved.

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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.