What is a premarital agreement?

A premarital agreement, also known as a prenuptial agreement, is a legally-binding contract between two people who are planning to get married. Within the agreement, couples are able to determine how certain issues such as child custody, property division, and alimony will be handled in the event of a divorce. By creating a premarital agreement, couples can agree ahead of time how certain aspects of their marriage will be handled, and this can reduce the need for litigation if a divorce does occur. In Texas, premarital agreements must be in writing, signed by both parties, and notarized in order to be enforceable. The agreement must be entered into voluntarily, and both parties must fully disclose all of their financial assets to each other before signing the agreement. Additionally, both parties must be represented by separate legal counsel when creating the agreement. Although premarital agreements can be beneficial for many couples, they are not for everyone. Couples should seek the advice of family law professionals before entering into one of these agreements, as premarital agreements are complex legal documents and can have far-reaching implications.

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