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Colleyville Prenuptial Agreement Lawyer
Legal Representation for Prenups in Grapevine & Tarrant County
Prenuptial agreements are legal contracts written prior to marriage that set forth financial and property arrangements between couples should their marriage end in death or divorce. These agreements have become increasingly popular in our country due to the protections they provide for both parties.
In my state, the Texas Family Code establishes:
- What a prenuptial agreement is
- What it covers
- And how it is made valid
If you are contemplating having a prenuptial agreement drawn up prior to your marriage, you can get the legal help you need to create a valid contract at the Law Offices of Kate Smith, PLLC. My firm devotes much of its practice to family law issues such a prenups and offers legal representation from one of the few Texas Board-Certified family law attorney in the state.
Texas Prenuptial Agreement Laws
In Texas, prenuptial agreements are also known under the Texas Family Code as premarital agreements “made between prospective spouses in contemplation of marriage and to be effective on marriage.” These agreements are mainly designed to handle property, whether real or personal, as well as income and earnings.
A prenup outlines the following:
- The rights and responsibilities of both parties in regards to property and assets
- How property will be disposed in the event of death of either party or divorce
- How the issue of spousal support will be handled
- How wills and trusts will be created that will carry out the terms of the agreement
- How life insurance policies will be handled
The Texas Code also states that a prenup cannot adversely affect the right to child support where it is legally obligated.
Other issues that may be included in a prenup can include such matters as:
- The creation and use of joint accounts
- Outlining who will be responsible for paying specific expenses
- Dispute resolution methods that may be used should a conflict arise
- And how adulterous relationships may affect the matter of property division in a divorce
In order to go into effect, a Texas prenup must be in writing and signed by both parties. It may be amended or revoked at any time by written agreement as well.
To be valid, prenups must:
- Be signed voluntarily
- Cannot have unconscionable terms for either party
- And must occur after full disclosure of all property and debts on both sides
Courts have the right to determine the validity of a prenup based on the Family Code should it be contested in court.
What Are the Benefits of a Texas Prenuptial Agreement?
Because finances are an area of disagreement that can erode a marriage, a prenup lays out established terms for the handling of finances beforehand. It also reveals to each partner the full extent of the other’s assets and debt.
Who Should Consider a Prenup?
Those who may want to consider creating a prenup include couples where either one will bring in significant debt or property or where one or the other is substantially wealthier or poorer than the other.
They are also beneficial in the case of second and subsequent marriages, especially where children from previous relationships will be brought into the marriage, or where either spouse will want to secure an estate so as to protect heirs and beneficiaries.
Overall, prenups are beneficial to all potential marriage partners due to the fact that they bring property and financial issues out into the open so that no surprises will occur down the road.
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