Defining Financial Boundaries Before the Court Does it For You.
Before marriage, we create bullet-proof premarital agreements that define the parties' rights even after the marriage ends. After marriage, we draft ironclad Partition and Exchange agreements to convert future community income into protected separate property or convert separate property to community property to bring predictability and stability to your financial life.
Defining Financial Boundaries Before the Court Does it For You.
Before marriage, we create bullet-proof premarital agreements that define the parties' rights even after the marriage ends. After marriage, we draft ironclad Partition and Exchange agreements to convert future community income into protected separate property or convert separate property to community property to bring predictability and stability to your financial life.
Lauren S. Harris can helpFrequently Asked Questions
What is a prenuptial or pre-marital agreement or "prenup"?
A prenuptial agreement (or "prenup") is a legally binding contract created by couples before marriage to outline the division of assets, debts, and spousal support in the event of divorce or death. It protects individual financial interests, addresses business ownership, and protects children from prior relationships.
What should a woman or a man ask for in a prenuptial agreement?
A woman should use a prenup to protect her premarital assets, define marital property, and secure financial independence. Key inclusions should be protection of personal property/businesses, clear debt allocation, spousal support terms, and protection for children from prior relationships.
What are the pros and cons of a prenuptial agreement?
A prenuptial agreement (prenup) is a legal contract established before marriage that outlines asset and debt division. The purpose of a preniup is to provide asset protection, clarity, and reduced legal costs during divorce. Pros include safeguarding assets, protecting children's inheritance, and managing debts, while cons involve potential emotional strain, perceptions of mistrust, and high legal costs.
What if I don't sign a prenuptial agreement?
If you do not sign a prenuptial agreement, state law determines how your assets, debts, and alimony are handled during a divorce. Generally, this means marital property is divided by a court using the "just and right" standard found in Section 7.001 of the Texas Family Code (fair, but not necessarily 50/50), which can lead to longer, costlier legal proceedings. HOWEVER, not having a prenuptial agreement almost always favors the "non-moneyed" spouse. The person seeking a prenup will extol the benefits of protecting THEIR assets but the person who does not have as much money will almost always do better without a prenup.
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Why Lauren S. Harris for Prenuptial & Postnuptial Agreements?
Defining Separate Property
We use these agreements to strictly define what assets remain separate property, ensuring that future appreciation, income, or dividends from those assets do not become community property.
Asset & Debt Allocation
Beyond assets, we can contractually assign responsibility for pre-marital debts (like student loans) and specify how future liabilities will be handled during the marriage.
Alimony & Maintenance Provisions
Couples can proactively agree to waive spousal maintenance or set a predetermined 'lump sum' payment, providing financial certainty and preventing protracted litigation over alimony.
Postnuptial Partition Agreements
For couples already married, a postnuptial agreement can 'partition' community property into separate property, which is often used as a tool for asset protection or estate planning.
Business Continuity Planning
For business owners, these agreements ensure that a divorce doesn't force the sale or liquidation of a company by designating the business as the owner's sole separate property.
Defining Separate Property
We use these agreements to strictly define what assets remain separate property, ensuring that future appreciation, income, or dividends from those assets do not become community property.
Asset & Debt Allocation
Beyond assets, we can contractually assign responsibility for pre-marital debts (like student loans) and specify how future liabilities will be handled during the marriage.
Alimony & Maintenance Provisions
Couples can proactively agree to waive spousal maintenance or set a predetermined 'lump sum' payment, providing financial certainty and preventing protracted litigation over alimony.
Postnuptial Partition Agreements
For couples already married, a postnuptial agreement can 'partition' community property into separate property, which is often used as a tool for asset protection or estate planning.
Business Continuity Planning
For business owners, these agreements ensure that a divorce doesn't force the sale or liquidation of a company by designating the business as the owner's sole separate property.