Can parties to prenup waive listing of assests?

[blueagle]

What is the name of your state?What is the name of your state? Texas
Will a prenuptial agreement in Texas be valid if both parties agree to waive a listing of all assets and liabilities? Would it make any difference if the prenuptial agreement provides for a generous divorce settlement to the party with fewer assets as an incentive to waive a listing of assets and debts?

 

[leafinator]

Sounds like you need to consult a local attorney. Prenups are important documents if they end up having to be used. If you screw it up now it'll come back to haunt you.

 

[LdiJ]

I am going to "weigh in" on this one. Its possible to avoid specifically listing assets in a pre-nup if it is VERY carefully worded....and if the assets involved are kept separate during the marriage.

Example: All assets held in the separate name of each party will remain that person's assets in the case of a divorce. In that case, as long as NO assets are EVER held jointly, no problem. (This is a VERY simplistic example)

However, that opens up all kinds of "estate" problems if either of the parties dies during the marriage...and makes it complicated if someone wants to refinance a home mortgage etc.

Basically...its better to simply list the assets that the pre-nup is intended to protect.