Did you know that years ago, couples who planned to marry in Texas could not make premarital agreements? Premarital agreements are becoming more and more commonplace among modern couples, so it can be hard to believe that there was ever a time where couples could not enter into them. The Texas Constitution prohibited all couples, both those who were married and those who were anticipating marriage, from making any agreement that would change the character of their marital property.
Married couples were the first to be permitted to make agreements regarding their marital (community) property. In 1948, the Texas Constitution got amended to permit spouses to contract with each other to designate some or all of their community property as separate property via a document called a marital agreement. Couples who were not yet married could not contract with each other regarding marital property until 1980. Since 1980, the process for contracting with a future spouse regarding ownership of property has evolved into a strict set of requirements that are set out in the Texas Family Code and the Texas Constitution.
If you plan to marry in Texas, you may create a premarital agreement. As with anything else, the key to knowing whether something will benefit you is understanding more about it. For example, a couple who is anticipating marriage would want to know why some couples choose to have them to determine for themselves whether they need one.
Premarital agreements can serve a few different purposes, including limiting future alimony, preserving family assets, ensuring specific parenting practices, clarifying tax obligations, and setting forth the parties’ rights and duties during the marriage, among other things. While there seem to be few boundaries on what you can put in a premarital agreement, please know that there are some limitations. You and your future spouse may not contract to do things that violate any criminal laws or that go against established public policy.
It might also be useful for you and your future spouse to understand who typically enters into premarital agreements. There is no one specific class or category of people who enter into premarital agreements more often than others. With this in mind, couples who are considering marriage must understand that premarital agreements are only a good idea if both parties want one. A premarital agreement is a legally binding document, so no one should ever enter into one under any circumstance besides wanting to have one because they believe that it will benefit them and their future spouse. For example, if you’re considering it just because your future spouse wants it, because your parents want the two of you to have one, or because their parents want you to get one and you either don’t want one or do not see that it will benefit you, do not enter into the agreement. If you and your future spouse agree that you want to enter into a premarital agreement because it will be good for each of you, then it’s time to work with a Texas Family Law Attorney to explore what you plan to include in your premarital agreement.
If you have questions about your Texas divorce, call (903) 753-7499 today to schedule an initial consultation with Texas Family Law Attorney Alex Tyra. Alternatively, you can visit our web page anytime to submit an online contact form.
