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Prenuptial agreement protects one's best interests during divorce

Sometimes a marriage in Texas ends up not being all one of the spouses expected it to be, in which case divorce is often inevitable. Since the future is not set in stone, it can be helpful to draft a prenuptial agreement before getting married. This type of legal contract can protect one's rights in the event of divorce.

A prenuptial agreement can be beneficial for both civilian and military couples alike. This agreement is effective on the date of marriage and addresses property -- specifically, an interest in personal or real property -- and can address spousal maintenance. A prenuptial agreement has to be in writing in order for it to be enforceable, and both parties have to agree to it.

In Texas, a prenuptial agreement can address how property will be divided when divorce or separation occurs. The agreement may also address the elimination or modification of spousal maintenance, as well as the forming of a will or trust to carry out this agreement. Other personal obligations and rights that do not violate criminal statutes or public policies can also be addressed in a prenuptial agreement.

prenuptial agreement in the state of Texas cannot be enforced during a divorce proceeding if the reasonable disclosure of financial obligations or property did not take place, as in this case the agreement is considered unconscionable, or grossly unfair. In addition, a prenuptial agreement cannot be used for the determination of child support. Proper legal guidance may help individuals to draft well-thought-out prenuptial agreements in an effort to protect their best interests in the future.

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Jamie Graham & Associates, PLLC
310 South St. Mary's Street
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San Antonio, TX 78205

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