What can a premarital agreement cover?

What can a premarital agreement cover?

On Behalf of | Sep 30, 2021 | Marital Agreements |

A premarital agreement is one way to enter into your marriage with complete transparency. Not only will it give you the chance to have open and honest discussions about finances, but you can also use it as a way to set expectations for the marriage.

The state does monitor these agreements and set rules about what you can and cannot put into one. The biggest point about what you can do is that you cannot put anything regarding child support. Other than that the Texas Constitution and Statutes states the specific things you can cover in a premarital agreement.

Estate planning

You can use your premarital agreement to also set up provisions for your estate planning. You can both agree to create estate plans and to leave certain property to each other in your wills.

Spousal support

A premarital agreement can also include provisions about spousal support. You can outline how much it will be and the details of orders for support or simply state neither of you may ask for an award of support if you divorce.

Property

You can also outline separate property so there are no questions if you should divorce. Your agreement may cover responsibilities towards property as well, such as your obligations to maintain the property. It is also common to include rights, such as the ability to sell the property or use it.

Other points

Your premarital agreement may also include other details as long as they do not violate any laws. You can put anything you want in there, but do be aware, a court could later declare parts of the agreement invalid if a judge finds them unreasonable.