Texas is a community property state, which means that most property acquired during marriage belongs to both spouses and must be divided at divorce. In contrast, each spouse gets to keep his or her separate property when the marriage ends. Texas law allows parties to enter into a prenuptial agreement, or prenup, before marriage and makes those agreements enforceable so long as they meet the requirements set out in the Texas Family Code. A prenuptial agreement stays in effect during the marriage and in the event of divorce, will govern how property may be treated during the divorce. Prenuptial and postnuptial agreements can protect yourself and your assets from uncertainty about the future of any marriage. Marital agreements can be viewed as a purchase of insurance against a bad divorce. These agreements also protect against the financial and emotional pain associated with prolonged divorce proceedings.
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