A prenuptial agreement is something every couple should consider as they approach their wedding day. A carefully worded prenup can offer a great deal of relief to spouses who use it correctly, protecting one from the other's debts or outlining each person's expectations within the marriage. However, some prenups include terms that the law does not support or does not allow -- such as terms surrounding child custody.
For many generations, prenuptial agreements carried a certain stigma in the public's view, often seeming like the kind of thing that old, rich families used to keep their wealth protected in case a son or daughter married someone without means of their own. While this is true to an extent, prenups are not only for the rich and powerful. They are also useful for any couple that marries, even if they never divorce.
No matter where a divorce occurs, the process is rarely simple. However, for those who live in Texas and other states with community property laws, divorce can prove a bit more complicated than spouses expect.
When one parent violates another parent's rights and refuses to allow them to spend court-ordered time with their child, this often adds up to parental kidnapping. Like any form of kidnapping, this is a very serious crime and may result in criminal charges and significant punishment, including jail time and loss of many privileges.
Here in Texas, we have many residents who build lives in the community after immigrating to the United States, often marrying citizens in the process. Of course, these marriages are just as likely to face divorce as any other marriage, and when the relationship ends it often impacts the immigrant spouse in ways that citizens simply never encounter.
When a couple chooses to get married, their assets and liabilities also get married, so to speak, unless the couple uses a prenuptial agreement to protect themselves and their property from potential legal issues. Here in Texas, our community property guidelines make divorce much more complicated in some cases, because couples must divide their marital property equally, without much flexibility.