Premarital Agreements in Texas

This defense involves a high level of injustice in the process, including factors such as: people`s maturity and age, business background, level of education, previous marriages, whether they each had a lawyer, and other motivations. However, the fact that the agreement is unilateral does not make it “unscrupulous”. For an agreement to be “unscrupulous,” it would have to be so one-sided that no reasonable person could consider it an “arm`s length transaction.” In addition to meeting the high standard of “unscrupulousness”, a person who questions the applicability of a prenuptial contract would have to demonstrate that there was no fair and reasonable disclosure of the other party`s property and financial obligations, and that the disputing party did not voluntarily and expressly waive in writing any further disclosure beyond that, what was and had not been foreseen, or could not reasonably have had adequate knowledge of the other party`s property or financial obligations. Child custody and maintenance cannot be part of prenuptial agreements in Texas. Entitlements to family allowances belong to the child and cannot be negotiated by the parents. Texas courts determine custody of children based on the circumstances at the time of divorce. Courts must take into account the best interests of the child. These common reasons for prenup agreements don`t apply to everyone. Even if they don`t apply to you, you may want to get into a prenup for other reasons. If you and your partner decide that drafting a prenuptial agreement is the right choice, it is very important to hire a talented family law lawyer with experience in drafting prenuptial agreements.

You and your future spouse should be represented by your own lawyer. Texas law favors the enforcement of marriage contracts. To be enforceable, a marriage contract must be in writing and signed by both parties. Lawyer Ben Carrasco has guided many couples in drafting marriage contracts as well as post-marriage contracts. He is also adept at divorce and separation issues such as division of property, spousal support, and alimony and custody issues. Call Ben today at (512) 320-9126 or request a consultation online! At Noelke Maples St. Leger Bryant, LLP, our lawyers draft and negotiate the terms of prenuptial agreements. We also have experience in defending and challenging prenuptial arrangements during a divorce. If you have any further questions, please contact us to arrange a confidential consultation: Contact NMSB.

These agreements can deal with many types of issues, such as. B as the guarantee that separate property is preserved as separate property during marriage. The process of entering into a prenuptial agreement involves several steps. A couple can also make this type of agreement after their marriage. This is called a post-marital or post-marital agreement. Whether the agreement is made before or after marriage, they are often referred to as matrimonial agreements. The courts only respect marriage contracts that are exempt from: Below are the general provisions that our office deals with when drafting marriage contracts. Prenuptial agreements are considered enforceable and, unlike other contracts, no consideration is required.

Texas allows only two very narrow ways to challenge a prenuptial agreement: (1) that the agreement was not signed “voluntarily” or (2) that the agreement was “unscrupulous” when it was signed. Matrimonial arrangements are considered enforceable in Texas. The party opposing the execution of the agreement bears the burden of proof that the matrimonial agreement is inapplicable and cancels the agreement. Like all legal businesses, creating a marriage contract is associated with economic costs and many benefits. Here, we`ll discuss everything you need to know about prenuptial agreements in Texas, including the costs, key benefits, and what a prenup can and can`t do. Many people dismiss marriage contracts as indicators of mistrust or low hopes of marriage. However, creating a prenuptial agreement is actually a smart and financial decision. The Texas Family Code outlines the standards for a valid marriage contract. Article 4.002 states that a marriage contract must be primarily written and signed by both parties. .