Although difficult to talk about with a prospective spouse, it is important that both parties be protected should the marriage be dissolved through divorce or death. Today's society has proved it is always best to plan for the worst but hope for the best, and it is advisable that these decisions be made while both parties desire the best interest of the other.
A pre-nuptial or post-nuptial agreement can determine certain results in the event of separation, divorce or death of one of the parties; and the agreement may:
- set out each party's assets, debts, and property rights at the time of one of the above events;
- determine whether income of each of the parties during the marriage will be community or separate property;
- decide the financial responsibility of each party in the event of separation or divorce;
- protect the interests of the children of the marriage or from a previous marriage;
- determine how retirement or investment accounts plans will be divided; and
- protect one party from the payment of the debts of the other incurred either before or during the marriage
Pre-marital agreements and post-marital agreements are highly technical and require considerable planning. Should it be challenged, even the slightest mistake can make the entire document null and void. That is why you need an experienced and highly qualified attorney to prepare the agreement.
The family law attorneys at Bain, Files, Jarrett, Bain and Harrison, P.C. are board certified in family law by the Board of Legal Specialization, State Bar of Texas. This is your assurance that our lawyers have met stringent guidelines of competency and are qualified to represent you in making sure you and your children's property rights are protected in the event of dissolution of the marriage either through divorce or death.
