Protecting Your Assets and the Rights of Your Children
Many people entering second marriages choose to draft a prenuptial agreement, not only for their sake, but for the sake of their children. Without a prenuptial agreement, the assets that you expected to go to your children when you die could end up going to your spouse instead.
I'm Ryan Beason, a family law attorney in League City, Texas. I often draft prenuptial agreements to overcome our state's community property laws. With a prenuptial agreement, you and your spouse can agree that no community property will be created during your marriage. For monthly expenses, you and your spouse can each contribute to a joint checking account established for that purpose.
If you and your spouse should divorce in the future, there will be no property issues for you to dispute is court. What's yours will be yours and what belongs to your spouse will belong to your spouse. Your assets will pass to your heirs in the event of your death, and your spouse's assets will pass to his or her heirs.
Are Prenuptial Agreements Enforceable?
Prenuptial agreements are enforceable in Texas as long as there is full disclosure of assets and both sides sign the agreement without duress. I would strongly suggest that your spouse hire his or her own attorney to review the agreement. As your attorney, I can't represent your spouse's interests.
One consideration to keep in mind is that Texas courts do not favor prenuptial agreements in marriages between high-wage earners and low-wage earners. Generally, if an agreement appears to be extremely unfair or one-sided the court will be less likely to uphold it if challenged.
Free Lawyer Consultation
To schedule a consultation about prenuptial agreements and asset protection with me, attorney Ryan Beason, call 281-968-0032 or complete the contact form on this Web site. My law office is located in the Marina View building at South Shore Harbour in League City, Texas.
