Can a prenup decide who walks the dog or where you spend Thanksgiving? Surprisingly, some people try. But while a prenuptial agreement can cover a wide range of issues, not everything is legally enforceable—especially in Texas.
At Daniel Ogbeide Law, we understand that the thought of a prenup can bring up a lot of questions—and even more misconceptions. As a trusted family law firm in Houston, we help couples protect their futures with legally sound agreements.
If you’re thinking about signing a prenup, or you’re unsure about what’s allowed, this post will walk you through what you need to know.
What a Prenup Can Include
When done right, a prenuptial agreement helps couples avoid conflict and protect their individual rights. In Texas, here’s what you can include in a valid prenup:
- Property Division:You can decide how to divide current or future property in case of divorce.
- Debt Protection:You may assign responsibility for personal or shared debt.
- Spousal Support:You can agree whether either spouse will receive alimony—and if so, how much and for how long.
- Estate Planning Protections:A prenup can help protect the inheritance rights of children from previous relationships.
- Business Ownership:If one or both spouses own a business, the prenup can clarify how that asset is handled.
What You Can’t Include in a Prenup
Here’s where many misconceptions about prenuptial agreements come into play. Texas law places clear limits on what a prenup can legally address:
- Child Custody or Support:You cannot predetermine child custody or child support. These decisions are made in the child’s best interests at the time of divorce.
- Anything Illegal or Unconscionable:Provisions that encourage divorce or are grossly unfair to one party won’t hold up.
- Lifestyle Clauses (Sometimes):While you can include them, things like infidelity penalties or rules about weight gain are unlikely to be enforced.
- Waiving Temporary Spousal Support:Courts may not uphold this, especially if it leaves one party financially vulnerable during a divorce.
Getting It Right the First Time
Did you know that courts can throw out a prenup if it’s poorly written, signed under pressure, or missing disclosures? That’s why working with a qualified prenuptial agreement attorney in Houston is so important. The goal is to create an agreement that’s not just thorough—but enforceable.
Thinking About a Prenup? Let’s Make Sure It’s Legally Sound
Wondering if you can include a specific clause in your agreement? Or worried you’ve fallen for some common misconceptions about prenuptial agreements? You’re not alone. Many couples think these agreements are only for the wealthy—or that they’ll damage the relationship. In truth, a well-crafted prenup can strengthen trust and provide peace of mind.
At Daniel Ogbeide Law, we’ve helped countless couples create some of the best prenuptial agreements in Houston by focusing on what truly matters: clarity, fairness, and enforceability. As an experienced prenup lawyer in Houston, we’re here to answer your questions, correct any misconceptions, and guide you through every step.
Contact Daniel Ogbeide Law today to schedule a consultation. We’ll help you draft an agreement that protects your rights, aligns with Texas law, and supports your future—no guesswork, no surprises.