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Texas Family Code Premarital Agreement

Texas Family Code Premarital Agreement: What You Need to Know

A premarital agreement is a legal document that is entered into by a couple before they get married. It outlines the rights and obligations of each party regarding their property, assets, and debts in the event of a divorce. In Texas, premarital agreements are governed by the Texas Family Code, which sets forth certain requirements that must be met for the agreement to be legally valid.

Here are some key things you should know about premarital agreements in Texas:

1. What is a Premarital Agreement?

A premarital agreement is a binding legal contract that is signed by both parties prior to marriage. It typically includes provisions that address the division of property, the payment of debts, and the allocation of spousal support in the event of a divorce. Premarital agreements can also address issues related to property ownership, asset protection, and inheritance.

2. What Must be Included in a Premarital Agreement?

Under the Texas Family Code, premarital agreements must be in writing and signed by both parties. They must also be executed voluntarily and with full disclosure of assets and liabilities. The agreement must not be unconscionable, meaning that it must not be so one-sided as to be unfair to one party.

3. Who Should Consider a Premarital Agreement?

Premarital agreements are often used by couples who have significant assets or debts, or who have been married before and want to protect their property interests. They can also be useful for couples who anticipate inheritances or who have children from previous relationships.

4. How Do You Create a Premarital Agreement?

To create a premarital agreement in Texas, both parties must work with an attorney who is experienced in family law. The attorney will help the parties negotiate the terms of the agreement, ensure that all legal requirements are met, and draft the final document for review and signing.

5. When Should You Create a Premarital Agreement?

Premarital agreements must be executed before the parties get married. It is a good idea to start the process several months before the wedding to allow time for negotiation and drafting of the agreement.

In conclusion, a premarital agreement in Texas can be a useful tool for couples who want to protect their assets, property, and financial interests. If you are considering a premarital agreement, it is important to work with an experienced family law attorney who can guide you through the process and ensure that the agreement is legally sound and meets your needs.

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