A prenuptial or postnuptial agreement can serve several important purposes. Despite the conception that prenuptial agreements only benefit those with significant assets, these arrangements can serve several other purposes, as well. If you’re planning on getting married in Texas, contact us. Schedule a free initial consultation with Austin prenuptial agreement lawyer Abraham Kant to discuss your legal options under Texas law.
A prenuptial agreement, also called a “prenup,” is an important tool for protecting yourself prior to marriage. A prenup can ensure your financial stability if your marriage ends in separation or divorce. It can protect inheritance rights of children of a previous marriage, give you control over your finances, and much more. Having a prenup can accomplish several goals, including:
Pre- and postnuptial agreements mitigate concerns about what will happen to your material possessions or wealth in the event of a divorce. This allows you and your partner to focus on building a relationship built on mutual trust and affection.
A prenuptial agreement can protect you from many different scenarios if you divorce. It can keep premarital assets in your name, prevent you from absorbing debt that is not yours, and facilitate an easier divorce process. Whether to use a prenup is a personal decision that is up to you and your spouse. You can tailor a prenup to suit your specific needs, since it is not a one-size-fits-all solution. Only you can decide whether a prenup is the right move for your marriage.
If any of the following are true, a prenuptial agreement might be in your best interests:
Every case is unique. Discuss the idea of a prenuptial agreement with your partner as soon as possible, but at least six months prior to the wedding. You and your spouse will need time to discuss the terms of the prenup and possibly schedule an appointment with a third party to work out the details. Speaking with your spouse about a prenup early can help you avoid surprising your partner and encountering problems.
A prenuptial agreement is a legally binding document in Texas. Once you and your partner enter into a prenup and sign the document before a notary public, it will replace Texas divorce laws if you and your spouse split. Should you end up needing to use your prenup, it will be enforceable in the state divorce courts. Most prenups are enforceable without consideration. This means the court will enforce the terms of the prenup even if one party is not exchanging anything of value.
To create an enforceable prenuptial agreement, you and your spouse must follow certain rules and protocols. First, you must draft the prenup in writing. The Texas courts will not honor verbal contracts. Both you and your spouse must have signed the prenup voluntarily after both spouses receive a reasonable disclosure of assets and debts, in front of a notary public. A prenup may not be enforceable if an error has made it invalid.
One or more of these issues could nullify a prenuptial agreement in Texas and make it impossible to enforce. If you believe you have grounds to nullify your prenup, hire an Austin prenuptial agreement lawyer to help prove your case. A qualified Austin family law attorney can help prove your prenup is invalid. In these cases, Texas courts will only enforce a prenup to an extent to avoid an unfair result for one or both parties. It is important to work with an Austin prenup lawyer if you have any doubts, questions, or problems with your prenuptial agreement during a divorce case.
Postnuptial agreements carry the same benefits and aim as prenuptial agreements, but they are executed during the marriage, not before. You may need a postnuptial agreement if you want to accomplish any of the items listed above, but you’re already married to your spouse. It may also be beneficial if one spouse runs into a large amount of money, inherits property, or even incurs a large debt.
Martial agreements can sometimes carry a negative connotation. Some people view them as planning for divorce instead of planning on building a life together. However, for many couples, these agreements are practical, and may even alleviate common stressors that may take a toll on a marriage. A marital agreement is for marriage what a will is for a death – making a will does not serve as an impetus for your death, so why should a prenup serve as a motivation for your divorce?
Texas Law also recognizes informal marriages. Informal marriages, or common law marriages, are fact specific in Texas and contrary to popular belief are not based on the duration of time that two people lived together. Many times, after a relationship dissolves, one party to the relationship attempts to prove a common law marriage occurred as it requires the parties to go through a divorce and split property. However, in our modern world, people often choose to simply live together without getting married. In such circumstances, it is important to enter into a cohabitation agreement with the help of an Austin cohabitation agreement lawyer to make sure that each party’s property remains separate and neither person can later assert that a common law marriage took place.
Texas marital agreements can save you the time, money, and hassle of litigation down the road. This applies not only to divorce but to the untimely death of your spouse. Taking care of these matters before they become an issue can take one more worry off your plate. Marital agreements can allow you and your spouse to build a loving life together. Austin prenuptial agreement lawyer Abraham Kant Esquire has the experience to handle your martial agreement before and during your marriage. Your case will receive the attention and care it deserves. For more information or to schedule an appointment with our firm, please contact us.