The first step in the process of getting a premarital agreement is for the spouses-to-be to discuss and reach a consensus on the purpose of the agreement and the general terms that each finds important.
Continue Reading What is the procedure for getting a prenup?
Premarital and Postmarital Agreements
Can we change the prenup later?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
A marital agreement signed before the marriage is termed premarital agreement. Once the parties are married, they cannot enter into a premarital agreement.
Continue Reading Can we change the prenup later?
What are common clauses in a prenup?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
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 What are common clauses in a prenup?
What are the requirements of a prenup?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
The Texas Family Code sets out the requirements for a valid, enforceable premarital agreement (aka “prenup”). Most importantly, premarital agreements need to be in writing. Oral or verbal agreements are not recognized. Some states require a notarized agreement, but Texas does not.
Continue Reading What are the requirements of a prenup?
How to I tell my spouse-to-be that I want a prenup?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
All too often the prenup conversation is handled poorly. One spouse may bring up the need for a prenup at the last minute, leaving little time for thought and consideration. Or, the other spouse may not understand what a prenup is and get upset at the mention.
Continue Reading How to I tell my spouse-to-be that I want a prenup?
Can I skip the lawyer fees and D.I.Y. my prenup?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
If you want to end up with a clear and binding premarital agreement in Texas, the safest way is to get help from a good lawyer. There are good reasons to hire a lawyer — or actually two lawyers — to do your prenuptial (or premarital) agreement in Texas.
Continue Reading Can I skip the lawyer fees and D.I.Y. my prenup?
How much will a prenup cost?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
The cost of a premarital agreement in Texas depends on how complex the agreement is going to be. A couple with complex assets and debts may have a more involved discussion about how to handle their property in the event of death or divorce.
Continue Reading How much will a prenup cost?
Prenups…But I’m not wealthy. Do I really need one?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
Prenups are not just for wealthy people anymore. Couples utilize premarital agreements not only to cover current assets, but also to cover future assets or the potential for future wealth. A prenuptial agreement in Texas can address a current or future business interest, potential inheritance, or financial support of elderly parents.
Continue Reading Prenups…But I’m not wealthy. Do I really need one?
Does getting a prenup mean that my fiancé doesn’t trust me?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
Getting a premarital agreement in no way reflects on the love and trust of the relationship. Look at it like a business discussion, along the lines of how you will deal with your finances after the marriage.
Continue Reading Does getting a prenup mean that my fiancé doesn’t trust me?
What is a Prenup?
By Michelle O'Neil on
Posted in Premarital and Postmarital Agreements
A prenup is an abbreviation of the term prenuptial agreement or premarital agreement. When two people want to get married, but also want to control part of their relationship by agreement, they use a premarital agreement to make those arrangements.
Continue Reading What is a Prenup?