Houston Prenuptial Lawyer
For many individuals, marriage can result in one of the most profound experiences in life, signifying their desire to spend eternity with their chosen partner. Marriage is a lifelong and enduring commitment, regardless of the means through which it is formalized, whether a civil or religious ceremony.
If you wish to safeguard your marriage from any potential stress, such as financial obligations and property distribution, a prenuptial agreement may prove beneficial. However, crafting a prenuptial agreement that both parties can agree upon can be a challenging task. In this scenario, you can seek the assistance of an experienced Houston prenuptial lawyer.
Davis and Associates has a great team of prenuptial lawyers who can help you write a prenuptial agreement encompassing all the aspects you and your future spouse want to cover. Our team can also help you solicit any revisions to an existing prenuptial agreement and get the court involved should there be any discrepancies in the draft. Our dedication to providing exemplary legal services ensures that you have the support necessary to navigate any legal issues.
Call Davis and Associates today at (281) 377-4718 for your Consultation with a Houston Prenuptial Lawyer.
Why You Should Make a Prenuptial Agreement
Prenuptial agreements provide couples with a means to protect their assets and define their financial rights, while establishing a clear framework for resolving any issues that may arise in the event of a divorce or separation.
From a legal standpoint, assets belonging to a couple before their marriage are considered separate property, while any assets earned or acquired during the marriage are classified as shared or community property if the couple resides in Texas. In case the marriage ends, separate property remains undivided and is not subject to distribution, nor is it included in the estate of a deceased spouse.
Meanwhile, community properties will be divided equally during a divorce. They will be subject to distribution as part of your spouse’s estate should they pass away. If you want to protect your separate, individual property and ensure that the community property is equally shared between both parties, a prenuptial agreement can highlight how it can be distributed.
The prenuptial agreement can indicate the financial responsibilities of both parties once they get married. For example, the one with the largest income may be assigned to handle household bills while the other can manage the household savings. The agreement can also tell how they will manage their bank accounts, insurance policies, and debts. For debts, the agreement will make sure a spouse is protected from the other’s debts.
Finally, for issues arising during the marriage or if the couple enters a divorce, the agreement can indicate how key issues can be solved, such as alimony and the division of property.
Other protections can also be included in a prenuptial agreement for other issues that the couples think may happen.
Definition of Premarital Agreement in Texas
Under the Texas Family Code, a premarital agreement or a prenuptial agreement is a written and signed agreement between prospective spouses prior to the marriage, and it will be effective once they get married.
The agreement can include the following points:
- The obligations and rights of each party in any property they acquire or located during the marriage
- The right to use, buy, sell, transfer, exchange, abandon, consume, assign, exchange, and manage a property
- The distribution of property on the occasion of death, separation, marital dissolution, or the occurrence or nonoccurrence of any other event
- The modification or elimination of spousal support
- The making of a trust, will, and other agreement that will carry out what’s included in the agreement.
- The ownership rights in and disposition of death benefit from a life insurance policy.
- The law that will guide the creation of the agreement
- Any issues concerning the marriage and their rights and obligations that do not violate public policy or a statute imposing a criminal penalty.
The agreement should not affect the rights of a child or the children that must be supported during and even after the marriage.
Marital Property Agreement
One part of the premarital agreement will include properties and income accumulated during the marriage or community properties. Parties can divide or exchange their “marital property” partially or completely as they desire.
A partition or exchange agreement must be made to indicate which party owns the property, and both parties must sign it. Additional provisions can be listed in the marital property agreement regarding creditors who may be involved in the property.
Our Houston prenuptial lawyer at Davis and Associates can help you write a marital property agreement and a partition or exchange agreement and get it signed by the other party. If there are any issues with the agreement, we can look into the situation and provide you with the legal options we can take to resolve it. Should the property involve creditors, we will see the documentation for these properties and ensure it is considered in the marital property agreement.
Prenuptial Agreement Enforcement
The Texas Family Code provides guidance on enforcing and resolving issues related to prenuptial agreements. If the agreement is executed properly and signed by both parties, it becomes effective immediately upon marriage.
However, a premarital agreement should not be enforced if the other party whose action is requested proves that:
- They did not sign the agreement voluntarily.
- The agreement was unethical when it was signed. Prior to signing, the party was not made aware of the property and financial obligations of the other party and did not voluntarily or agree to waive their right to disclose the financial obligations or individual property of the other party beyond the disclosure listed in the agreement. They did not have adequate knowledge of the other party’s property and financial obligations.
If the marriage was declared void, the agreement would only be enforced if both parties wished to avoid an inequitable result.
A statute of limitations applies to all prenuptial agreements signed in the state should either party claim relief. Both parties can also activate several defenses to enforce the agreement accordingly.
Our Houston, TX family law firm can help you enforce your prenuptial agreement should the need arise. If you believe you signed the agreement without being told the other party’s responsibilities or were forced to sign it even if it was not a polished agreement, let us know. We will use all the available legal resources to get the agreement nullified.
Prenuptial Agreement Modification and Revocation
Following a marriage, a premarital agreement may be modified to reflect the current situation. Both parties must agree to the amendments and sign the revised agreement before it can be enforced. If both parties agree that the existing prenuptial agreement is unnecessary, it can also be revoked.
If you are seeking to amend or revoke your premarital agreement, do not hesitate to contact one of our Houston prenuptial lawyers. We can meet with you and your spouse to review the agreement and determine how to make modifications without affecting the rest of the document. Similarly, if you wish to revoke certain terms or the entire agreement, let us know. We will draft the necessary documentation for revocation, which can be filed in court.
Free Consultation Today
Before you tie the knot, it is best to have protections in place for your properties and identify the responsibilities you are willing to take during and after the marriage. A well-written and signed prenuptial agreement will ensure these protections are active once the marriage happens. With the help of our Houston prenuptial lawyers, it will be easier to write a prenuptial agreement that both parties can agree on. Legal assistance can be available for any changes or potential issues affecting these agreements.
Contact our legal team by ringing our hotline when you are ready to review your prenuptial agreement and start writing.
Call Davis and Associates at (281) 377-4718 for your Consultation with a Houston Prenuptial Lawyer.