Prenuptial agreements, also known as “prenups,” are legal contracts couples enter before they marry or enter a civil partnership. They serve as a proactive approach to delineating the distribution of assets and responsibilities in the unfortunate event of a separation or divorce. While many view prenuptial agreements as purely financial instruments, they can encompass a variety of clauses subject to legal restrictions.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC discusses the topic and provides detailed insights. All case evaluations are in the light of Texas Family Law. This content is for educational purposes only.
Understanding Prenuptial Agreements: The Boundaries of Childcare Responsibilities
A prenuptial agreement cannot include stipulations pertaining to certain aspects of childcare. Specifically, you cannot agree in advance that no child support will be paid or that there will be no obligation to provide medical insurance or general support for your children.
These elements counteract public policy, which mandates that parents bear the responsibility for the care and well-being of their offspring. Therefore, it’s important to note that any attempt to evade these obligations in a prenuptial agreement will not be upheld, given that it directly contradicts the principles of public policy.
Delving into the Texas Family Code and Prenuptial Agreements
Prenuptial agreements, according to the Texas Family Code, are guided by several principles that demarcate the boundaries of their reach. An understanding of these principles is essential to identify what can be included in a prenuptial agreement and what cannot.
In Texas, prenuptial agreements, known as “marital property agreements” under the law, are largely governed by the Texas Family Code Title 1, Subtitle B, Chapter 4, Subchapter B. The general rule set out in Section 4.003 states that, subject to some exceptions, parties to a prenuptial agreement can contract with respect to:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control the property.
- The disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
However, it’s crucial to understand that some areas are explicitly out of bounds for prenuptial agreements, especially when it comes to issues related to children.
To delve deeper into this matter, we refer to the guiding principles provided in our original content: A prenuptial agreement cannot circumvent responsibilities towards child support, medical insurance, or general support for children. This is because Texas law, specifically under the Texas Family Code, has firm stipulations in place to ensure the welfare of children.
To illustrate, the Texas Family Code Section 154.001(a) stipulates that each parent has a duty to support his or her child, irrespective of any prenuptial agreement. Therefore, any agreement stating that no child support will be paid would be null and void.
Similarly, Section 153.074 outlines the legal obligation of a parent to provide medical support, including health insurance, for their child. Therefore, an agreement negating the obligation to provide medical insurance for a child would be in direct contravention of this provision.
General child care and well-being, which includes aspects like living conditions, education, and emotional support, cannot be contracted out in a prenuptial agreement either. As per Section 153.001 of the Texas Family Code, the best interest of the child should be the court’s primary consideration when deciding issues of conservatorship, possession, and access.
Curious about your chances of obtaining a 50-50 custody agreement in Texas? Wondering how the evolution of societal norms and attitudes toward shared parenting responsibilities influence court decisions? Read More Here!
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Navigating the boundaries of what can and cannot be included in a prenuptial agreement can be complex. Missteps can lead to parts of the agreement being unenforceable or even render the entire contract void.
Therefore, it’s crucial to engage a competent attorney who can provide appropriate legal advice. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Happens If I Start The Business Before The Divorce Is Final?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Benefit In Seeking Temporary Child Support Or Spousal Support When Going Through A Divorce
- Can Child Support Payments Be Deducted From VA Disability Benefits?
- If I Get Laid Off From My Job, How Does That Affect The Child Support I’m Paying?
- What Happens If I Start The Business Before The Divorce Is Final?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
