Couples in Texas and across the U.S. may not foresee the dissolution of their marriages whenever they decide to walk down the aisle. While no one wants to think about the possibility of divorce before they get married, unfortunately, around half of all marriages are unsuccessful.
A prenuptial agreement can help set certain terms in case a marriage comes to an end. For example, a person who owns a home may want to protect that asset if divorce becomes inevitable. Or a business owner may want to protect his or her company from his or her spouse if the marriage ends. Following is an overview of items that can and cannot be included in a prenup.
The distinction between separate and marital property can be included in a premarital agreement. An individual can also seek personal protections against his or her partner’s debts. For couples who have children from a previous marriage, a prenup agreement can ensure that the kids are provided for in the future.
Many other things can be included in a prenup. Issues commonly addressed in this type of agreement include retirement benefits, savings contributions, management of joint bank accounts and property division.
However, several things cannot be included in the agreement. Decisions about child support or child custody cannot be addressed as the court has the final say in these matters. While some states allow alimony waivers, the most commonly struck down prenuptial issue is waivers to rights of alimony. Any provisions that could be viewed as encouraging divorce cannot be included in premarital agreements either.
Whether you are contemplating getting married or have recently tied the knot, there may be several ways you can keep your assets protected against divorce. For more information, consider consulting an attorney who specializes in pre- and post-marital agreements.