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When one hears wedding bells they think of a long and happy marriage. However, many also think of the costly and emotional process of divorce. Unfortunately, not all marriages stand the test of time. And in some cases, some marriages do not last long at all. But no matter the length of a marriage, when couples in Texas and elsewhere get marriage, this legal ceremony not only unites a couple but also unites their property. Thus, when couples divorce, this property must be divided between them.

So whether an engaged couple is worried about this possibility or a married couple is concerned seeks to protect their growing wealth, this is where a prenuptial agreement can come into play. This document can serve any couple, and it is not just for those with significant wealth. A prenup is a legal document that can cover a wide range of divorce issues that are focused on property rights and assets.

The vast majority of couples get a prenup as a means to protect assets and ease the divorce process. In addition to dictating how property and assets will be divided in the event of a divorce, a prenuptial agreement can also touch on other topics such as death, incapacitation, estate planning, certain debts, like student loans, spousal support and other similar issues.

Because property division is often a contentious issue during dissolution, couples intending to marry often seek to avoid the conflicts surrounding this issue. Thus, a prenuptial or postnuptial agreement is included in the union. However, even when these documents are included, issues could arise. This could give cause for a spouse to invalidate or enforce the terms of a prenup.

(United States Second Circuit) – Affirmed. Defendant is a divorced spouse who holds an interest in property that Plaintiff obtained a judgment lien against the other spouse’s interest. Plaintiff argued that Defendant’s interest was subordinate to Plaintiff’s interest. The trial court held that Defendant’s interest vested upon the entry of the judgment of divorce and that Plaintiff could execute only against the other spouse’s interest.