If you and your fiancé agreed to draft a prenuptial agreement before
tying the knot, you already got through one of the most difficult hurdles
in creating this crucial legal document. Next, you will both work together
to decide which items to include. There are, of course, some things that
cannot be included in a prenuptial agreement, such as
child support, and the forfeiture of alimony. To provide some guidance, we compiled
a checklist of important items you may want to include in your prenuptial
Items You Should Consider for Your Prenuptial Agreement
Creating a prenuptial agreement is an important step in safeguarding the
financial futures of you and your spouse. If neither of you have ever
made one, it can be easy to leave out certain key items, which is why
it is helpful to have a checklist on-hand.
Here is a prenuptial agreement checklist for you and your fiancé
Distinguishing property: Every state has its own rules for determining the difference between separate
and marital property. Without a prenuptial agreement in place, the court
will abide by those rules. You and your fiancé can ensure your
separate property remains protected and will not land on the chopping
block if you get divorced.
Financial obligations: A prenuptial agreement can do more than protect you during a divorce; it
can also explicitly lay out how a couple will manage their household expenses.
You can state who will be responsible for paying certain bills and how
much you will financially contribute to running the household.
Debt: If you or your future spouse owes a substantial amount of debt, you can
use a prenuptial agreement to protect the debt-free spouse.
Children from another marriage: If you have children from another marriage, you can use your prenuptial
agreement to ensure their property rights remain protected and enforceable.
Property and asset distribution: Once again, every state has its own laws for dividing property and assets.
Texas is a community property state, but you can bypass these rules by
having a prenuptial agreement in place that states how you will divide
assets and property.
Family property: If you have any family property, such as heirlooms, real estate, or business
shares, which you want to remain in the family, a prenuptial agreement
can keep it from passing onto the family of the divorced spouse.
The list above is not exhaustive, so if there is something you particularly
wish to protect, you must discuss it with your attorney.
Schedule a Consultation with a Knowledgeable Family Law Attorney Today!
If you are creating a
prenuptial agreement, you need a knowledgeable attorney on your side to ensure it is effective
and appropriately safeguards your future. At the Law Office of Kathryn
Marteeny, our family law team will provide the exceptional legal advice
you need to create a prenuptial agreement, so you have the peace of mind
you need to move forward.
Contact our law office today at (713) 936-2300 to schedule an initial consultation.