A previous post on this blog discussed how a prenuptial, or premarital, agreement works under Texas law. Basically, a premarital agreement can help couples by pre-determining how the two will resolve a dispute in the even of a divorce.
However, it is important even for “happy” couples in Sugar Land and the Fort Bend County area to understand that a prenuptial agreement can benefit them and their respective families, even if they wind up never getting divorced.
Premarital agreements are particularly helpful for any couple where one of the spouses has been in a previous marriage, especially if they have children. Usually, when a person re-marries later in life, he or she will likely want to create an estate plan that is going to benefit his or her children from the prior marriage, even if the bond between the new couple is strong.
However, spouses are given privileged status under the laws of Texas, meaning that if one spouse dies and there is no premarital agreement, the other spouse may be able to convince a judge that all or part of the deceased spouse’s will or trust is invalid, even though such was not the intention of the one who made the will or trust in the first place.
Furthermore, many spouses who re-marry may both have children from prior relationships. In this case, a premarital agreement may be essential in making sure that each spouse’s property remains separate so that all of the children get the property that their parents intended them to have.
Although a premarital agreement is often an important component of a good estate plan, a family law attorney in the Houston area can help a person draft one of these documents to ensure that the document will be valid and clearly express the person’s intentions. This is perhaps the best way to avoid unwanted consequences in the event that the unexpected occurs.