Archives: Premarital and Postmarital Agreements

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Bank accounts and brokerage accounts are not the same in a premarital agreement

Dictionaries generally define "bank" as a financial establishment for the deposit, loan, exchange, or issue of money and for the transmission of funds. In contrast, "broker" is defined as an agent who acts as an intermediary or negotiator, especially between prospective buyers and sellers; a person employed to make bargains and contracts between other persons in matters of trade, commerce, or navigation. According to the Houston Court, these definitions illustrate that banks and brokers are distinguishable, particularly with respect to the scope of their respective services; banks tend to offer a broader spectrum of financial services than brokerage firms.… Continue Reading

What if we aren’t getting married – can we still agree on stuff?

Even if you aren't getting married, couples can still reach agreements about their relationship or joint property in Texas. When two people live together but are not married, a cohabitation agreement can define the parameters of their financial relationship. For example, a cohabitating couple could agree as to how their money will be held jointly and separately, as well as who pays which of the household bills. If an unmarried couple plans to purchase a house together, a cohabitation agreement can address each party's ownership interest, how the mortgage will be paid, and how to handle the house in the event the parties end their relationship.… Continue Reading

What are common clauses in a prenup?

There are some common provisions that parties to a premarital agreement often want to include. The most common provision engaged spouses want to include in a prenuptial agreement is an identification of the property and debts of each party owned prior to marriage. The purpose of this clause is to identify what will be each party's separate property after the marriage begins.… Continue Reading

Private Ordering Is a Fancy Word for Contractual Agreements

Brian Bix of the University of Minnesota Law School has released a peer reviewed article to the American Academy of Matrimonial Laywers Journal called Private Ordering and Family Law. Until recently, he contends, private agreements regarding family matters to change the law as it applies to their family were rarely upheld. Of course, a person could choose to get married or not,… Continue Reading
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