prenup

Setting the Tone of Marriage Through Postnuptial Agreements


The best way to begin a relationship is having open communication and full disclosure. One of the great tools in achieving open communication and full disclosure is having an antenuptial or prenuptial agreement. This helps in setting up realistic expectations in the relationship.

What is an Antenuptial Agreement?

An antenuptial agreement (prenuptial agreement or prenup) is an agreement entered between parties who are about to get married. It is effective upon the celebration of their marriage. It is about matters between the spouses in cases of divorce or death of one of them.

Requirements of an Antenuptial Agreement

A prenuptial agreement in Texas has to meet a few requirements to be a valid and enforceable contract.

  1. It must be in writing;
  2. Signed by both parties;
  3. The agreement is negotiated for contracting a marriage;
  4. Voluntarily entered into by each party;
  5. Based on a fair and full disclosure of each party’s assets and liabilities; and
  6. It must not be in heavily in favor of one party only.

Reasons Why You Should Get a Prenuptial Agreement

  1. Family pressure of the partner who is more financially well-off;
  2. Protection for the benefit of the children from past relationships;
  3. A great disparity in wealth and/or income of the partners; and 
  4. Safekeeping of a certain asset. 

If future in-laws want a prenup for their child, it is likely that the couple would get one. The couple should work together to draw up provisions in the agreement.

If any of the parties cannot find a balance between their interests of the other and influential factors in his or her life, this may be considered a warning sign of his or her possible behavior throughout the marriage.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas.

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