If you are concerned about the possibility of divorce down the road, a premarital agreement (or “prenup”) is a reasonable precaution. Once you get married, a person’s separate property can merge with property that is considered community property. This can cause major issues in the event that a divorce occurs.
Under Texas law, all community property is subject to division in the event of a divorce. The presumption in Texas is that all property possessed by either spouse is community property, unless the individual can show proof that it is separate property. A premarital agreement allows a person who is about to marry to preserve and protect his or her separate property estate, by classifying his or her property at the time of divorce or death.
Contact us if you have a question about whether a prenup is the right decision for you. Often a person uses a prenup when there is a large estate involved and the assets are not easily divisible.
