How You Can Use a Legal Agreement to Ensure That Your Estate Passes According to Your Wishes
When you are divorced with children, but want to remarry, a prenup agreement can be the ideal way to protect inherited wealth, so that your children still get their intended portion of your estate in the event of your death. What is a prenup? How does it work? What are its limitations?
Prenuptial Agreements Becoming the Norm in America
Just 30 years ago, prenuptial agreements were used in less than 10% of all marriages, and were commonly viewed as something only for the uber-rich or as a sign of distrust. According to published reports, though, in 2023 nearly half of all engaged or married millennials—some 47%–acknowledged that they had a prenup in place.
What Is a Prenup?
A prenuptial agreement is essentially a binding contract between spouses, commonly focusing on debts, assets and property, identifying how financial matters will be allocated in the event of separation or divorce. As a general rule, a prenup must be in writing, must include full disclosure by both parties, and must be signed by both parties.
How Does a Prenup Work?
As a binding contract, the prenup establishes obligations that the parties must meet. If either party seeks to take or dispose of property governed by the prenup other than through mechanisms permitted by the agreement, he or she will be in breach of contract and may be sued for damages.
Are There Limitations to What a Prenup Can Cover?
Yes. Prenups typically cannot be used to resolve or address non-financial matters, such as child support or child custody.
Contact DTX Family Law for Guidance in a Texas Divorce
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At DTX Family Law, we always give top priority to the needs and best interests of our clients. We know that the legal process can be complex and confusing, and we’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606. We can help you determine whether an agreement incident to divorce is in your best interests and can draft one for you, if necessary.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, as well as the cities of Flower Mound, Highland Village, Bartonville, Lake Dallas, Corinth, Frisco, Northlake, Trophy Club, Haslet, Justin, Ponder, Coppell, The Colony, Lantana, Argyle, Roanoke, Copper Canyon, Hickory Creek, Lewisville, Little Elm, McKinney, Allen, Princeton, Anna, Lavon, Melissa, Parker, Lavon, Westminster and Weston