PRENUPTIAL

What Your Prenup Can’t Include

Ensure Your Premarital Agreement Is Enforceable

Premarital agreements are a valuable tool available to help couples prepare for their life together. Still, while the document can settle an array of matters related to property division and dispute resolution, Texas law posits certain provisions that, if included, could render a prenup invalid and therefore unenforceable.

Violations of Public Policy

Couples are prohibited from drafting contracts that implicate criminal culpability or otherwise violate the law. So, for example, parties could not include provisions that allow one spouse to marry another person during their marriage, as this violates Texas laws on bigamy.

Child Support Payments

Prenuptial agreements cannot limit the amount of child support that would be awarded in the event of divorce. These decisions can only be made by judges at the time of divorce, as the amounts are based on each parent’s financial standing and the needs of the child then.

Child Custody Decisions

Custody decisions, like child support, are unable to be predetermined in a marital agreement. Here too, a judge must decide at the time of divorce to protect the child’s best interests based on the current circumstances.

What Your Prenup Can Cover

Your premarital agreement can cover almost anything so long as it is legal and unrelated to your legal obligations to care for your child. Prenups often include:

  • Alimony decisions
  • Each party’s rights and obligations for their individual and community property
  • Each party’s rights to use, transfer, and sell property
  • Guidelines for property division in the event of death or divorce

Premarital agreements are tailored to fit your needs and protect you and your spouse. For help drafting a document that’s right for you, contact The Springer Law Firm PLLC.

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