Simplify the Splitting up of Marriages by making Prenuptial Agreement

Prenuptial agreement is made prior to marriage. It is basically a contract between parties who are planning to get indulge into the relationship of marriage. The agreement prevents the creation of community property which is matter to the "just and right" division of the court. 50% division rule is not applicable in Texas. Division can be done in the ratio of 60:40 or 80:20 split or some other percentage splits. The splitting up of the nuptial estate is up to the decision of the court and it is not considered as a jury subject. The court has no right to dissociate a party of their separate property, which was owned prior to the marriage or received at the time of marriage in the terms of gift, devise or decent.

Formalities of Prenuptial Agreement

The parties can make agreement which will signify that the property owned by one of them or by either of them will remain separate and will take account of the returns derived from the separate property. This income would be considered as community income as well as anything which is purchased from it. A prenup never address child support and is enforceable without consideration. It should be in a writing state and signed by both parties. The agreement becomes effective on the date of marriage and may be modified at any time after the date of marriage. All the amendments should be done in writing.

A prenuptial agreement will prove to be ineffective or not enforceable, if the party against whom application is requested proves that the contract was not signed willingly or was unacceptable at the time of signing the agreement. In case, the party was not given a fair and reasonable disclosure of the property, financial responsibilities of the other party did not freely and expressly relinquish any right to disclosure of the property or financial obligations of the other party in writing prior to signing the agreement, then the prenup will become vain.

Simplify divorce process

The prenuptial agreement involves the splitting up of the couple's property and alimony when they decide to separate and file for divorce. Such kind of settlement simplifies the complex divorce processes and equally benefits both the parties. Before signing the agreement, you need to complete a formal contract in the form of a written document. It should be signed with free will and without coercion of another party.

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