Users' questions

What happens when you sign a prenuptial agreement in Texas?

What happens when you sign a prenuptial agreement in Texas?

When you sign a prenuptial agreement in Texas, you’re only protected from dividing up assets that legally belonged to you prior to your marriage. Here’s one of the biggest misconceptions about standard prenuptial agreements in Texas: Assets gained as a couple are not protected in a prenup.

Is it possible to void a prenuptial agreement?

It certainly is not advisable to negotiate an unconscionable agreement under any circumstances but it is not alone enough of a reason to void a prenup. The prenuptial agreement must be signed after both parties have knowledge of both person’s finances.

How does a prenuptial agreement affect a deceased spouse?

Such provisions can have a significant impact on the surviving spouse’s future financial status. However, this portion of a prenuptial agreement may not have been fully contemplated by the parties and can result in costly litigation to the surviving spouse and the estate of the decedent (i.e, the person who has died).

Can a prenuptial agreement be entered into before common law marriage?

The result was Texas granting the lower judge’s decision to split up the man’s business, to divide all marital property rightly. Theoretically, it’s possible to enter into a prenuptial agreement before establishing a common-law marriage. It is unlikely any attorney would recommend such a setup because not all states recognize common-law marriage.

Can you sign a prenuptial agreement in Texas?

Texas additionally provides a way to enter into the equivalent of a prenup after marriage. This kind of agreement performs all the same functions as a prenuptial agreement. However, the law calls them “marital property agreements.”

How does a prenuptial agreement affect a surviving spouse?

In a prenuptial agreement, spouses can decide who owns what and what property rights each spouse will have after the death of the other. The choices made – and agreed to – in a prenuptial agreement override the laws designed to protect a surviving spouse. So under a prenuptial agreement, elective share and community property laws need not apply.

It certainly is not advisable to negotiate an unconscionable agreement under any circumstances but it is not alone enough of a reason to void a prenup. The prenuptial agreement must be signed after both parties have knowledge of both person’s finances.

Is there federal law that preempts prenuptial agreements?

In general, while most prenuptial agreements and family law issues get overseen by state law, federal law can intersect or preempt prenuptial agreements. These federal laws preempt state law. The most important of this is the Employee Retirement Income Security Act of 1974 (ERISA).