Your Prenuptial Agreement Checklist

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 custody, 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 agreement.

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 to review:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.