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.
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Premarital and Postmarital Agreements
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.
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We didn’t get a prenup before we got married. Is it too late to get one now?
Once you are married, it is too late to get a premarital agreement in Texas. However, you and your spouse can enter into a post-marital agreement.
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What happens to a prenup when the spouses get a divorce?
When spouses get a divorce and have a premarital agreement in Texas, the divorce suit must state the parties’ position regarding the enforceability of the premarital agreement.
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Can one attorney represent both of us in drafting the premarital agreement?
It is best for each spouse-to-be to be represented by independent counsel when negotiating and drafting the premarital agreement.
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How long before the wedding should we start the process of getting a prenup?
Ideally, the process for getting a premarital agreement should be started at least 2-3 months in advance of the wedding.
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What is the procedure for getting a prenup?
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.
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Can we change the prenup later?
A marital agreement signed before the marriage is termed premarital agreement. Once the parties are married, they cannot enter into a premarital agreement.
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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.
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What are the requirements of a prenup?
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.
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