Criminal. Family. Business. Houston Texas

Family Law

Prenuptial Agreements

A prenuptial agreement means an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. A prenuptial agreement must be in writing and signed by both parties. The agreement is enforceable without consideration. The parties to a prenuptial agreement may contract with respect to: the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; the modification or elimination of spousal support; the making of a will, trust, or other arrangement to carry out the provisions of the agreement; the ownership rights in and disposition of the death benefit from a life insurance policy; the choice of law governing the construction of the agreement; and, any other matter, including their person rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. It is important to note that the right of a child to support may not be adversely affected by a prenuptial agreement.

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