Couples who enter prenuptial agreements hope they will never have to enforce the contract. Unfortunately, not all marriages stay strong until the end; some suffer from irreconcilable differences that lead to divorce. During the process, parties have to look into their prenuptial agreement as the foundation to settle different divorce issues.
What does a prenup include?
In Texas, a prenuptial agreement can include the following content:
- Each party’s rights and obligations in all properties, separate and martial
- Each party’s rights to manage and control properties
- Terms on property disposition in case of separation, divorce or death
- Spousal support modification or elimination
- Creation of a will, trust or other arrangement to enforce the prenup’s provisions
- Terms on ownership rights of life insurance policy proceeds
- The law governing the agreement’s construction
- Other personal rights and obligations not in violation of the law
However, the agreement cannot include provisions that will adversely affect the right of a child to support.
Enforcement during the proceedings
During a divorce, if a separating couple has a valid prenuptial agreement, the courts will enforce its provisions instead of undergoing the usual lengthy determination process. Nevertheless, the courts will still review the validity of the agreement and its content to ensure that the parties constructed it within the bounds of the law.
Understanding the agreement’s value
Prenuptial agreements provide additional protection to each spouse in case certain unanticipated events, like a divorce, happen. If these events do arise, prenups can make the process significantly simpler than if the parties have not yet discussed how to settle certain issues.