 |
 |
 |
Prenuptial Agreements
Because of our extensive involvement for many years in transactions and litigation involving Real Estate Law and Business Law, we have gained experience and know how in connection with representing our clients in divorce matters which involve substantial real estate and/or business assets. In particular, we have been of service to our clients who are contemplating marriage, and wish to define the rights of the husband and wife with regard to their assets existing prior to marriage, and the acquisition and accumulation of property during the marriage.
We provide our clients with legal advice and the preparation of premarital agreements, also known as antenuptial agreements. A prenuptial agreement typically defines the property rights between spouses and, in addition, may provide for the support and maintenance of the spouses and their children. An agreement concerning marital property is specifically governed by the Texas Constitution, Section 15, Article 16, and the related statutes. The agreements between the spouses may also include other agreements between them which would be covered by the common law of contracts.
Typically, a prenuptial agreement is executed prior to marriage between the spouses, would identify the property of both spouses prior to the marriage, and would identify the nature and extent of the property that each spouse brings into the marriage. Normally, the agreement provides that the property owned by each spouse will be designated and set apart as the separate property of each spouse. A very useful provision of a prenuptial agreement is to provide that the income from separate property shall remain as the separate property of the spouse who owns the separate property. This provision is required because Texas is a community property state, and our law provides that the income off of separate property owned by a spouse becomes the community property of the marriage. For example, after marriage oil and gas royalties from separate property mineral interests become community property if there is no prenuptial agreement which provides that such income from oil and gas royalties are separate property of the spouse that owns the separate property mineral interests.
After meeting with the client and reviewing the client’s assets which are separate property, and reviewing the client’s needs and intentions with regard to his assets after marriage, then, a specific prenuptial agreement can be prepared for the client.
Please, contact us if you are contemplating marriage and would like to discuss benefits for both spouses of having a prenuptial agreement. Please, fill out the following form which will be emailed to our office, and we will contact you as soon as possible.
Please, contact us if you are contemplating marriage and would like to discuss benefits for both spouses of having a prenuptial agreement. Please, fill out the following form which will be emailed to our office, and we will contact you as soon as possible.
Thank you for providing this information.