Texas is a community property state, and property acquired during a marriage is generally distributed equitably at the time of a Texas divorce. However, couples may enter into premarital agreements, also known as prenuptial agreements, that alter the way property will be identified and distributed if a divorce should occur.
A premarital agreement played a significant role in one recent case. Before marriage, the couple executed a premarital agreement that identified the separate property belonging to each party and precluded the acquisition of community property during the marriage. They had two children together. The wife filed for divorce after seven years.
The parties agreed to a joint managing conservatorship. They stipulated there was a premarital agreement, and neither challenged its enforceability. The trial court ultimately entered a final decree. The court also confirmed certain real property was the wife’s separate property. It also found the husband had breached the premarital agreement by raising a claim against that property and awarded attorney’s fees to the wife. The court modified the standard possession order by not allowing overnight visits with the father on Thursdays and Sundays. The husband ultimately appealed.