Getting Married? Here’s What to Know About Prenups in Texas
When people hear the word prenup, they often think of divorce and the possibility of their marriage failing, which can make them hesitant even to consider getting a prenup. However, the reality is that having a prenup in place is not a sign of distrust or lack of commitment to your partner. A prenuptial agreement can protect both parties' assets if the worst happens in the marriage.
I don’t have assets, so should I still get a prenuptial agreement?
Despite the depiction of prenups in the media as exclusively for the rich and famous with tons of money and assets, prenups can protect anyone regardless of income level. Getting a prenup in Texas can still be beneficial even if you don’t own any assets. Here are some examples of what you may want to consider covering in a prenuptial agreement:
- Are you planning on being a stay-at-home parent? If you leave work to care for your children, you can request spousal support in case of divorce.
- When you and your partner own one or more properties, a prenup can help divide them in the event of a divorce.
- You and your partner can jointly decide on a fair split of all money saved.
- When receiving an inheritance during marriage, a prenup ensures it remains with the recipient in case of divorce.
- Any pets you may have and want to remain owning in the event of a divorce can be claimed in a prenup.
Prenups in Texas
While prenups in Texas can cover everything in the Texas Family Code Section 4.003 (a), it is important to keep in mind that prenups cannot:
- Concern child support: It means that the prenup cannot change the amount of child support you are required to pay in the event of a divorce.
- Prenups do not apply to common law marriages– a marriage license is required to have a prenup take effect.
- A prenup in Texas cannot take effect if both parties don’t sign in agreement.
“I am married and I did not sign a prenuptial agreement. What options do I have?”
You can still consider a postnuptial agreement if you didn’t sign a prenup before getting married. This agreement is like a prenup, but it’s signed during the marriage instead. The main difference is that you and your partner may have acquired new assets or property by the time you decide to sign a postnup, whereas, in a prenup, you would be planning for these assets ahead of time. It’s still the same process, just at a different point in time!
“I think a prenup is right for me. How do I get a prenup/postnup in Texas?”
You can get started in the prenup process by researching prenup lawyers near you, and engaging with a lawyer in a consultation. However, the difficult part is the cost, with most prenup services costing around $800-$900. However, no need to worry; Texas Legal is here to help! As a non-profit organization, we help our members get access to prenup legal services with affordable monthly or annual premiums. You can get coverage for a prenup/postnup, and find a high-quality attorney through our Online Attorney Finder. We help cover the prenup lawyer’s costs so you can focus on making memories of getting married! If you’re interested in becoming a Texas Legal member, you can check out our plans or join now!
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