Jump to Navigation

Prenuptial agreements may protect a business

Texas business owners who are planning on getting married may want to consider prenuptial agreements. Owning a business without having such an agreement in place can be disastrous for a company if the marriage subsequently comes to an end. The other spouse could be eligible to receive half of the company's appreciation that took place during the marriage.

Prenuptial agreements can also limit access to any other assets a person is bringing into the marriage as well as debt liability. A prenup can specify that each person is responsible for their own debts. It can also outline a plan for dealing with debt that is acquired during the marriage. Keeping careful business records demonstrates that the business and personal accounts remained separate throughout the marriage.

Some factors may lead to a court finding that a prenuptial agreement is invalid and unenforceable. The agreement should be negotiated well in advance of the wedding day, so as to preclude a subsequent argument that one of the parties was forced to sign it under duress. Each party should be represented by separate legal counsel. In addition, there are certain items that cannot be covered as being against public policy, such as child custody.

The existence of a prenuptial agreement does not always mean that property division in divorce proceeds smoothly, and even with one in place, a person who is divorcing may want to discuss the situation with an attorney. For example, a person might have gone on to contribute significantly to the spouse's business after signing the prenup.

No Comments

Leave a comment
Comment Information

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

[Picture of Bruce Turner]

Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

Bruce Turner - Attorney Profile Subscribe to This Blog's Feed

Office Locations

Turner, Bruce E.
1603 Lyndon B. Johnson Freeway Suite 280
Dallas, TX 75234

Phone: 800-486-9553
Fax: 214-373-2570
Dallas Law Office Map

FindLaw Network
Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.