Prenuptial agreements are a great way to protect your assets and finances before entering into a marriage. However, it is important to note that only some things can be included in a prenuptial agreement in Texas.
What Can't Be Included in a Prenuptial Agreement
While it can be a great way to enter a marriage with security and certainty, certain things cannot be included in a prenuptial agreement. Laws governing prenuptial agreements vary state-to-state. Please keep in mind that the following list is specific to Texas:
Child Custody and Support
Child custody and support cannot be included in a prenuptial agreement. The court will always make decisions based on the child's best interests, and a prenuptial agreement cannot override that.
Illegal or Unethical Actions
Prenuptial agreements cannot include any clauses that involve illegal activities. This can include anything from distributing illegal substances to performing illegal activities. If one spouse is caught doing any of these activities, their partner cannot be held accountable for their actions.
Personal matters such as the division of household chores, where to spend holidays, or how to raise children cannot be included in a prenuptial agreement. These matters are best left to be discussed and agreed upon between the couple.
Non-financial matters such as personal habits or lifestyle choices cannot be included in a prenuptial agreement. These matters are not legally binding and are subject to change.
Waiving Spousal Support
In Texas, a prenuptial agreement cannot waive spousal support. The court will always decide based on the spouse's needs and circumstances.
Contact a Family Law Attorney
A prenuptial agreement is a great way to protect your assets and finances before entering into a marriage. However, there are certain things that cannot be included in a prenuptial agreement in Texas. It is important to consult with a family law attorney to ensure that your prenuptial agreement is valid and legally binding.