Premarital Agreement Statute
What can you include? In Texas, per the Texas Family Code, and the Texas Uniform Premarital Agreement Act, Sec. 4.003, parties to a premarital agreement may include the following in their agreement:- the rights and obligations in property whenever and wherever acquired or located;
- the right to control or manage property incl: buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of;
- the disposition of property on separation, marital dissolution, death, or any other event;
- modifying or eliminating spousal support;
- the ownership rights in and disposition of the death benefit from a life insurance policy;
- the choice of law governing this agreement; and
- any other matter, including their personal rights and obligations that are not in violation of public policy or criminal.
What could render your Premarital Agreement unenforceable?
Per the Texas Family Code, and the Texas Uniform Premarital Agreement Act, Sec. 4.105, if a party seeking to defeat the premarital agreement (the party against whom enforcement is sought) can prove the following, the agreement may be deemed unenforceable in whole or in part: (1) not signed voluntarily; or (2) the agreement was unconscionable when it was signed because that party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party OR did not waive,their right to disclosure of the property or financial obligations *in writing* and did not have adequate knowledge of the property or financial obligations of the other party. >>For the entire fine print, review Texas Uniform Premarital Agreement Act, Sec. 4.105 If you have other questions about enforcement of a prenuptial agreement in Texas, you should contact a licensed attorney.Community Property
Official term for property “acquired during the marriage” Texas is one of nine states in the United States that operates under a community property theory. In general, this means that any property acquired during their marriage is equally owned by both spouses. In addition, Property owned by either spouse during the divorce process or on dissolution of marriage is presumed to be community property. >>For the entire fine print, review Citation: TX Fam Code §3.002wSeparate Property
Per the Texas Family Code, Sec. 3.001, Separate Property is defined as- property owned or claimed by the spouse before marriage;
- property acquired by the spouse during marriage by gift, devise, or descent; and
- the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.
Spousal Maintenance Statute
Spousal Support Upon Dissolution or Legal Separation Per the Texas Family Code, Sec. 8.052, the court may consider the following factors in determining the nature, amount, duration, and manner of support.- ability to meet minimum reasonable needs independently, considering that spouse’s financial resources on dissolution
- education and employability
- length of the marriage
- the age, employment history, earning ability, and physical and emotional health
- the effect of maintenance on each spouse’s ability to provide for that spouse’s needs while providing child support payments or maintenance, if applicable
- acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property
- the contribution by one spouse to the education, training, or increased earning power of the other spouse
- property brought into the marriage
- non-monetary contributions to the marriage
- marital misconduct
- history or pattern of family violence (defined here: 71.004)