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Pre-Nuptial and Post-Nuptial Agreements in Texas

Pre-nuptial and post-nuptial agreements include all sorts of things these days, and they certainly are no longer just for the wealthy. Would you agree to get married, if it also meant you agreed to be skinny or to be intimate with your spouse on a certain schedule? Pre-nuptial agreements include all sorts of things these days, and they are super rich. In fact, 73 percent of divorce lawyers surveyed by the American Academy of Matrimonial Lawyer in 2010, report pre-nups are up in the last five years. The same group reports that 51 percent of divorce lawyers surveyed in 2012, said they've seen an increase in post-nuptial agreements over the past three years. Lilly, Newman and Van Ness (LNVN) , a large Houston family law firm, does four times as many pre-nups as they did a decade ago.

LNVN has seen all kinds of quirky additions to Texas marital contracts.
"There are weight limits, color of hair limits," said Attorney Bobby Newman. The woman could not weigh more than 110 or 125 pounds. Her hair had to remain blond. There are also demands about sex from husband and wife.
"(One) required it every day, if the husband wanted sexual relations," he said. In another, he added, "the husband was required to perform sexually and that husband did not live up to the contractual obligations."
The wife sued and won. That case is now being appealed.

Pre-nups are no longer just for celebrities. Take Carrie Howard and James Ephraim. The thirty-something couple were recently at Sweet Delights near Shepherd and I10 in Houston for a cake tasting. Their wedding is in January. She is a medical center researcher. He is returning to banking. They have decided on a venue, a dress, invitations and a pre-nup.
"In my opinion it's like marriage insurance," Howard said.

Pre-nup not enough? Try the post-nup which is also on the rise. LNVN advises clients against quirky causes (as do we) on appearance and sexual performance because they go against public policy and are hard to enforce. We advise that each party to an engagement or marriage speak with an attorney to understand their rights and responsibilities, pre or post-nup.

Source: Shern-Min Chow, KHOU

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