The community property laws in Texas require marital assets to be divided equally in a divorce. However, there can still be some difficult property division decisions for family law judges to make. Spouses are usually able to hold on to assets that they had prior to getting married. Unfortunately, sorting out separate assets from marital property can be a complex process when assets have become commingled. Couples who wish to avoid contentious divorce negotiations and establish their own rules for property division may choose to enter into prenuptial agreements.
While child custody and visitation arrangements cannot be included in prenuptial agreements because they must be decided based on the best interests of the child, prenups can establish the rules for matters such as property division and spousal support. They should also clearly list the assets that each spouse brought into the marriage. Prenuptial agreements are often challenged in court, and they are unlikely to withstand this kind of scrutiny unless their terms are basically fair and the parties involved entered into them willingly.