Prenuptial
Agreement
1
What is a prenup?
Prenuptial agreements, antenuptial agreements, or premarital agreements are contracts entered into by a couple prior to marriage or civil union that enable them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce.
2
How does a prenup work?
A prenuptial agreement can be tailored to address your specific concerns about premarital property, inheritance, or spousal support.
3
Can you get a prenup after marriage?
A postnuptial agreement, or postnup, is a contract signed after a couple has already married; it achieves the same goals as a prenuptial agreement in most cases.
4
What are the pros and cons of a prenuptial agreement?
Prenups protect a couple's assets in case of divorce. Prenups also protect the children of a couple and any business assets. However, prenups are not foolproof and can sometimes feel like the couple is destined to fail.
5
Are prenups only for divorce?
Prenuptial and postnuptial agreements are vital financial-planning instruments that take reality into account. All marriages end one day: either through a divorce or through the eventual death of a spouse.
6
Why should you get a prenup?
Just as one would insure a high-value asset, a prenuptial agreement is an insurance policy for your marriage. The prenup protects your finances in ways that can save you considerable time and expense in the future, and it's an important investment in a romantic relationship.
7
How long does it take to get a prenup?
The process of drafting a premarital agreement should take 2 to 3 weeks.
8
What do I need to know before signing a prenup?
Each party to a prenuptial agreement must disclose their finances before signing the contract. This includes investments, real estate, property, and financial liabilities. Some states also consider future inheritances and require them to be included as part of the agreement.
9
Where do I register my prenuptial agreement?
Premarital agreements and partition agreements must be in writing and signed by both parties. They are enforceable without consideration.
10
Do prenups have to be recorded?
No, they are enforceable without consideration.
11
Can I write my own prenuptial agreement?
You can write your own prenuptial agreement for free, or for a nominal fee by downloading a template from the internet. However, we recommend that you seek independent counsel for both parties to ensure that the contract accurately reflects your intent.
12
Do prenups expire in Texas?
No, prenups do not expire.
13
What invalidates a prenup in Texas?
A prenuptial agreement is invalid if one party did not voluntarily sign the agreement. Texas Family Code § 4.006 requires both parties to a prenup to enter into the agreement voluntarily. Otherwise, the agreement will be deemed invalid.
14
Is there a time limit on prenuptial agreements?
No, prenups do not expire.
15
Is a prenuptial agreement valid after 10 years?
Yes, because prenuptial agreements do not expire.
16
Can prenup be signed after marriage?
No, you would need to change the document to a Postnuptial Agreement.
