A Prenuptial Agreement That Supports Your Marriage
Prenuptial agreements, also known as premarital agreements or prenups, are contracts between two individuals who plan to marry. In Texas, prenuptial agreements protect both parties’ assets, rights and obligations during and after the marriage.
The primary purpose of a prenuptial agreement in Texas is to establish the rights and obligations of each spouse in the event of a divorce or death. This includes property division, spousal support and other financial matters. A prenuptial agreement can also help prevent disputes and provide a sense of security for both parties.
Creating An Enforceable Prenup
A valid prenuptial agreement must be in writing, signed by both parties and witnessed. Both spouses must agree voluntarily and without coercion, duress or undue influence.
In Texas, prenuptial agreements are not limited to financial matters. They can also address issues such as estate planning and other personal matters. However, prenuptial agreements cannot include provisions that are illegal or against public policy.
Texas law recognizes the validity of prenuptial agreements, but they are subject to specific requirements. For example, a prenuptial agreement must be executed before the marriage and be fair and reasonable when it is signed. In addition, both parties must sign the agreement, and each party must have the opportunity to seek independent legal counsel.
A prenuptial agreement can be amended or revoked at any time as long as both parties agree. However, if either party decides to challenge the agreement’s validity, the burden of proof is on the party seeking to enforce the agreement.
I am attorney Christopher Hutson, founder of Hutson Law, and I understand the considerations behind a prenuptial agreement. I have over 20 years of experience as a lawyer. I can give you the time and attention you need to create an agreement supporting your marriage.
Answers To Common Questions About Prenuptial Agreements
How can I get a prenuptial agreement in Texas?
Your prenuptial agreement must be in writing and in place before you get married. Also, both spouses must enter into the agreement willingly with the opportunity to seek independent counsel. When a prenuptial agreement does not follow the guidelines, it may be unenforceable if you were to get a divorce.
Can child support be part of a prenuptial agreement?
In general, a prenuptial agreement cannot determine child custody or support. However, there may be an exception if the terms in the prenuptial agreement are in the child’s best interest. When it is time to look at child custody and support, you and your spouse need to agree on what is reasonable and in your child’s best interest.
What happens if you don’t have a prenuptial agreement?
If you do not put an agreement in place and decide to get divorced, you will go through the typical divorce process. However, Texas also recognizes postnuptial agreements. Like a prenuptial agreement, a postnuptial agreement is enforceable as long as you and your spouse meet specific requirements.
Experienced Support For Planning Your Future
Creating a prenuptial agreement is not a plan for divorce; it is a plan for success, no matter what happens. I can help you create an agreement that supports your present and your future. For a free consultation, contact me online or call my Dallas-Fort Worth office at 469-899-3391.