The Love DuCote Law Firm LLC Legal Blog

Why to keep prenups’ focus on separate versus community property

It is the start of a new year, and some Sugar Land residents may want to start it by filing for divorce now that the holidays are over. One of the biggest issues to resolve during the process is determining separate versus community property. Some couples may have executed a prenuptial agreement prior to marriage in order to make this process easier. Now would be the time to review that agreement to make sure that it will be enforceable.

One of the biggest points of contention with prenups is whether they include provisions that would not meet legal requirements. Some issues should not be included in these agreements, which could mean that the court will strike some or all of the document’s provisions. It would be better to know beforehand if that could happen than to be blindsided in court.

Any provisions regarding child custody and child support will more than likely throw a monkey wrench into a Sugar Land resident’s divorce plans. These issues must be determined or approved by the court at the time of the divorce and should not be part of a prenuptial agreement. Another provision that could be invalidated by courts is a waiver of spousal support, especially if it would put one spouse at a significant financial disadvantage when compared to the other party.

Prenuptial agreements are most often validated by the court when they stick to identifying separate versus community property. These provisions are especially helpful since Texas is a community property state, which means that the court begins with the assumption that the parties own all property jointly. Having clear documentation that certain property is separate could save the parties time and money when it comes to reaching a divorce settlement.

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