What is a Pre-Nuptial Agreement and do I need one?
A Pre-Nuptial Agreement is a written contract signed by a man and woman in contemplation of marriage, which sets forth what their assets and debts are and how those will be divided at the end of the marriage. If you are “young and in love” you probably do not need a prenup. However, in this day and time many people enter marriage when they are not so “young and in love.” When a couple marries and has a child or children from a previous relationship, has obtained valuable property, or owes a significant amount of debt a prenup is needed. A Pre-Nuptial Agreement addresses the issue of what will happen when a marriage ends, whether by divorce or by death. Texas law presumes all property owned by the parties is community property to be divided by the Court whether in a divorce proceeding or in a probate Court; however, not all property is community property. Often times couples have “separate” property. Separate property is property a person owned prior to marriage, property received as a
