Southlake Prenuptial Agreement Attorneys
Benefits of a Prenuptial Agreement in Tarrant County, TX
Prenuptial agreements—often referred to as “prenups”—are legal documents permitted by the Texas Family Code that dictate how properties and assets will be divided in the event of divorce or, in some cases, death.
While they tend to have somewhat of a bad reputation, prenuptial agreements actually offer a number of benefits for any couple that plans on getting married. Contrary to popular opinion, prenups are not just for the very wealthy. In fact, prenups offer peace of mind and a sense of security to individuals from all walks of life.
Call (817) 477-6756or contact a Southlake, TX prenup attorney online to schedule your initial consultation.
What Do Prenups Cover?
When a couple divorces in Texas, their assets are divided into two categories: marital and separate property. Only marital property will be divided equally (though, not necessarily 50/50) between the two parties. Separate property, or any property or assets that were owned prior to the marriage, will remain separate. However, if income from separate property (such as an investment or mutual fund) is used to obtain more income during the marriage, the additional income will be considered marital property.
If you enter into a marriage without a prenup, in the event of divorce this property will typically be split between the two parties. This is just one example of why you might want to consider drafting and signing a prenuptial agreement.
What Can Prenups Do in Texas
Prenups can not only help to set up plans for how property will be divided in the event of a divorce, but it can also protect against alimony or set a standard for how spousal support will look.
There are many things a prenup can allow you to do, including:
- Clearly differentiate between separate and marital property
- Detail how property will be managed and controlled
- Outline how property will be divided in the event of divorce
- Specify how property should be divided if one spouse dies
- Include or exclude alimony/spousal support requirements
If you are interested in learning more about how prenups work in Texas and how such an agreement might benefit you and your future spouse, contact our Southlake prenuptial agreement attorneys at Justice Law Firm, PC.We serve clients throughout the area, including in the city of Grapevine, TX and beyond.
What Cannot Be Included in a Prenup?
While prenuptial agreements can allow you to dictate many aspects of a potential future divorce, it is also important to note what prenups cannotdo in the state of Texas.
- Prenups cannot allow an individual to waive a future spouse’s right to certain benefits, such as 401(k) or pension benefits, or avoid preexisting creditors.
- Additionally, prenups cannot stop child support payments or order larger payments that would otherwise be ordered by the Texas family court. Although prenups can detail certain aspects of visitation, the court will likely review such provisions and will always rule in the best interests of the child.
Do Prenups Expire?
Prenuptial agreements do not expire on their own in Texas. However, although rare, some couples do include a clause in the prenup that specifies that the terms expire after a certain length of the marriage. Even though there isn’t an expiration date, per se, there are some circumstances that can nullify the validity of a prenuptial agreement.
What Can Make a Prenup Invalid?
There are a few circumstances that could invalidate a prenuptial agreement, including the following.
The agreement is fraudulent. Before a prenuptial agreement is drawn up, each spouse is required to disclose all assets. If you can prove that the other party did not fully reveal his/her income and assets, you may have the agreement disregarded.
It was coerced or signed under duress. Although coercion or duress can be difficult to prove, it is possible for an prenup signed under duress to be discarded for this reason.
The paperwork wasn’t properly filed. If the initial agreement wasn’t drafted correctly, any errors could render it invalid.
The agreement was signed without proper legal representation. If you signed an agreement that was drawn up by your spouse’s lawyer without any input from your own legal representative, this could be grounds for invalidation.
The provisions are unreasonable. Provisions that fully favor one party or work against the best interests of their children can result in the termination of the prenup.
Is A Prenup Valid if You Move to Another State?
Your prenup will remain valid because it is a contractual agreement. It does not matter if you create the prenup in one state and get married in another and then move. When creating the prenup, you will be able to choose which state's law applies to the prenup agreement.
Contact Prenup Lawyers Near You in Tarrant County, TX
Prenuptial agreements are particularly beneficial for individuals who wish to protect children from previous marriages, those who wish to preserve financial stability, and individuals with considerable assets. Regardless of your situation, however, our team can help you weigh the benefits of signing a prenup.
Whether you wish to draft an agreement yourself or your future spouse has asked you to sign a prenup, it is important that you consult with an attorney. Prenuptial agreements are only considered valid and enforceable if they meet certain requirements set forth by the Texas Family Code.
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