Could you benefit from a Texas Prenup?
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A premarital agreement—like a will—is a document that directs how property is to be divided. In the case of a premarital agreement, that division occurs at the time of divorce. While everyone needs a will, not everyone needs a prenuptial agreement, although many people will and do benefit when they have the foresight to draft a prenup to protect their interests.

I'm Texas family law attorney McNamara. Every day in my law office, I see divorce clients who did not understand how Texas divorce law views their property. When I explain to them that everything they acquired after marriage is community property (with few exceptions), they often wish that they had planned better.

Texas law does allow property you owned before marriage to be considered separate property at the time of a divorce, but it is up to you—and your divorce lawyer—to prove that it was yours. That can be hard to do 5, 10, or 15 years later. Furthermore, Texas does not automatic divide property 50/50. It is up to a judge to decide what is "fair and equitable."

You can avoid that uncertainty with a Texas premarital agreement. And, you can order a Texas-specific prenuptial agreement today by using our online order form.

Who Benefits from a Texas Prenuptial Agreement?

It is increasingly common for couples from all walks of life to choose to create a prenuptial agreement. It can be a particularly good choice if:

• You are marrying later in life, after you have accumulated assets that you want to use for your retirement.
• You own or have partial ownership of a business that you would not want to split or sell if a divorce were to occur.
• You are marrying for a second (or subsequent) time and have children from a prior marriage to whom you wish to pass along property.
• You are marrying into a family where children from a prior marriage are fearful or angry about the prospect that they will lose their inheritance. Having a prenuptial agreement can make those hesitant new family members feel more secure about your good intentions.

What Kind of Benefits Can a Texas Prenuptial Agreement Provide?

• It provides the protection that everything you acquire after marriage that you keep in your own name will remain your separate property. This protects not only your personal property, real estate, and retirement savings, but also, for example, a business from being divided or sold during a divorce.
• It eases the difficulty of proving what you owned before marriage. If you carefully complete the schedules of assets that should be attached to your prenup, a written record will exist of everything you owned at the time of marriage.
• It can smooth the path toward marriage for couples—and extended family members—who may be feeling anxiety about property and financial matters.

Not Sure How to Discuss This with Your Intended?

It is true that the subject of a prenup can be a difficult one to bring up, but it need not be considered a negative. When both members of the couple are mature and realistic about the difficulties of married life, bringing up the idea of a prenuptial agreement can be presented as a form of security and a way to reduce stress and tension by establishing clear terms.

• Each person will know that his or her assets are secure.
• Each will know who is or is not responsible for debts.
• Each person's children can feel that their inheritance interests have been protected, which can create better relationships among family members.

If you are considering marriage, your opportunity is now to plan for and protect your assets. Learn more about how my law office can provide you with a Texas-specific prenuptial agreement quickly and for a very reasonable cost, and how you can order your Texas prenuptial agreement today.

Brian McNamara, Attorney

1420 Stonehollow Drive, Suite C
Kingwood, TX 77339-2494
Telephone (281) 358-3444 ● Fax (281) 359-3445
E-Mail Me

Kingwood, Texas divorce and family law attorney Brian McNamara provides customized Texas prenuptial agreements to clients across Texas, in such communities as Houston, Dallas, Fort worth, San Antonio, Austin, El Paso, Edinburg, McKinney, Denton, Richmond, Brownsville, Corpus Christi, Conroe, Beaumont, Galveston, Georgetown, Lubbock, Angleton, Belton, Waco, Laredo, Tyler, Bryan, Wichita falls, Cleburne, Abilene, Odessa, Midland, Amarillo, Longview, Waxahachie, Sherman, Canyon, San Angelo, San Marcos, New Boston, Seguin, Weatherford, Orange, Victoria, Lufkin, and New Braunfels.

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