A marriage agreement is also a good idea if one spouse has much more property than the other, if one has much more debt than the other, if at least one spouse wants to contribute his or her fortune to the marriage, if one or both have children and if one or both are considering remarrying if they divorce. Determining custody of children can be difficult for each family. It is difficult for parents who are divorced, children who have certain conditions of a marriage pact cannot be imposed if the violation of the Texas family code is declared by the inclusion of conditions in the last section, but the agreement can also be enforceable as a whole if it does not meet the above requirements. Another reason why a prenup may be in your best interest is strengthening the financial stability of the marriage. If z.B. a spouse has a lot of debt, but not a lot of income, it may be helpful to use a marital agreement to keep the spouse`s income debt-free. This is also necessary to provide careful documentation on income and wealth. The Texas Family Code authorizes pre-marital agreements to consent to characterization of ownership (separate ownership or common ownership), to the management and control of the property, to the division of property in divorce or after the death of a spouse, to require or exclude marital assistance or contractual support obligations and certain other related duties. These powers of a pre-marital or conjugal agreement may affect the property during and after the marriage. The agreement may also be limited to the influence of property rights in the event of divorce. For example, a prenup may require each spouse to pay the X amount to the other spouse in sub-contract if that spouse asks for a divorce without having to attend such a number of months of marriage counselling.
Such poison pill agreements may be applicable. A duly conceived (even pre-marital) or post-marital pre-marital agreement can do much to protect certain property interests, specify the terms of spousal assistance and avoid confusion as to assets that could constitute a part of the communal property in the event of divorce. A lawyer is also a useful mediator. Suppose your future spouse is offended that you want a prenup, or will always be on the defensive about their financial situation. A lawyer may be able to resolve these situations. It is important to remember that your lawyer cannot advise your future spouse, but can contact him or her unless he or she is represented by a lawyer. It is essential that no one feels that they have to make this agreement. As has already been said, the legislature and the people of Texas have made a public decision to enforce pre-marriage agreements. However, a pre-marital agreement is not applicable if the part against which the application is requested proves it: in addition to hopes and dreams for your common future, you want to agree on your expectations and define exactly what should happen if you ever have to get a divorce. Even if you are optimistic that it will not happen, only in case it happens, you both want to be protected.
It`s a marriage that comes into play. Getting a marriage deal before marriage can be a hot topic for many Texas couples. However, according to the Texas Department of State Health Services, divorce is on the rise. In 2010, Texas had about 87,000 divorces, up from about 76,000 in 2005, making the idea of a marriage contract more attractive to engaged couples. An agreement was involuntary when the person was obliged to sign the document (i.e.