What a Prenuptial Agreement Can and Cannot Do

 Posted on December 28, 2023 in Prenuptial Agreements

A prenuptial or postnuptial agreement can be a valuable tool for a married couple, whether they get divorced or not. For those who are getting divorced, having this type of contract signed in advance can make the division of marital property go very smoothly. Engaged or married couples can use a marital agreement to control many aspects of a potential divorce this way. However, there are legal limits regarding what you can and cannot accomplish with a prenuptial agreement. While you could agree to anything you like in your marital agreement, the courts will not enforce certain clauses. If you are considering getting a prenuptial agreement, it is important to speak to a qualified McKinney, TX, prenuptial agreements attorney. An attorney can draft your contract with enforceability in mind

Enforceable Agreements in a Premarital Contract

Types of clauses you can include in your prenuptial or postnuptial contract include:

• Reserving certain property as the individual property of one spouse,
• Determining which party will pay alimony and how much, 
• Increase the amount of child support to be paid from the statutory minimum, 
• Divide jointly owned and marital property in the event of a divorce, 
• Requiring each other to create a will or carry a life insurance policy naming the other spouse as the primary beneficiary, 
• Giving one spouse the exclusive right to manage, sell, or dispose of certain property. 

These are all normal and common uses of premarital agreements

Unenforceable Clauses in Texas Prenuptial Agreements

Clauses that could not be enforced even if you both agree to them include: 

• Child custody - Allowing parents to agree to a child custody schedule many years in advance could adversely affect the well-being of children. Child custody issues must be decided based on what is best for the child at the time that the custody issue arises. 
• Limiting child support - Parents cannot limit the amount of support their child can receive, as the child is technically the one who has a right to be supported. Parents cannot waive that right on their child’s behalf. 
• Clauses that would create hardship for one party - Agreements that would leave one spouse struggling to meet their basic needs, like housing, food, and medicine, would not likely be enforced in Texas. 

These agreements are typically prohibited because they would violate public policy, like prioritizing the welfare of children

Contact a McKinney, TX Prenuptial Agreements Lawyer 

The Ramage Law Group is committed to helping people who are married or engaged establish fair and enforceable contracts. Our dedicated Collin County, TX prenuptial agreements attorneys will put your best interests first while drafting your agreement. Contact us at 972-562-9890 to schedule your initial consultation