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May 4, 2021 2. They lack consideration. Contracts are binding when each person to the contract gives something and gets something. Think of it. You pay a store for a pair of shoes. You get the shoes. This is called consideration, which is the basis of contract law. In a prenuptial agreement, the consideration is often lacking. The less-moneyed spouse generally gives away most of her marital rights as provided by law to the moneyed spouse. The right to marry the other (although stated as consideration in the prenup) is mutual. They are both marrying so that part of it is equal. The less-moneyed spouse is giving away more prenuptial agreement arguments for and against. While Texas REALTORS has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, Texas REALTORS makes no representation, warranty, or guarantee of the accurac

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