Legal Question in Family Law in Texas

Re: second marraige pre-nuptuial agreements

In brief, a prenuptuial would be a good idea.

Often at least one of the persons about to get married have acquired substantial assets prior to the marriage. A pre-nuptial agreement is recommended in these cases to deal with the preservation of the pre-marital estate in the event of subsequent divorce.

Once you are married, it can be difficult to address these issues. It's best to deal with them while the marriage is being thought of or being planned for a date in the near future. Be wary that doing so on the eve of marriage can undermine the validity of such an agreement.

Remember, an attorney can only represent one of the spouses. To make the agreement strong, it is recommended that both person have independent attorneys and there needs to be a full disclosure made to or waived by the other future spouse. You can use a pre-marital agreement to modify the rules of community property and re-define how you want to treat your property acquired, income, or salary earned after marriage.