TX Prenup & Postnup Agreements
Drafting Premarital Agreement Contracts in Dallas
Marital contracts spell out the terms for the division of assets and other important matters in the event you become divorced.
Prenuptial vs. Postnuptial Agreements in Texas
A prenuptial agreement is created before your marriage, whereas a postnuptial agreement is created during the marriage. Many couples find coming to an agreement that fairly divides their assets for the worst-case scenario strengthens their marriage. These agreements should be updated every few years to reflect changes in lifestyle and financial situation.
These agreements should be created with the assistance of an experienced attorney. It can be easy to overlook important details if you do not have family law experience, and any factors that are not laid out in your contract will have to be brought to a court if a divorce occurs. Dallas prenuptial and postnuptial agreement lawyer Isabela Amie Garcia can help you make a comprehensive contract that covers the important details.
Is a Prenup Valid After 10 Years?
A prenuptial agreement does not have an expiration date unless there is a clause within the contract that specifically states when it will come to an end. It's very rare for a prenup to have a clause that states when the agreement will expire after a set duration of time.
Call our Dallas prenuptial agreement lawyer at (214) 972-3025 to schedule a consultation at Garcia-Windsor, P.C. and start planning your marital contract.
Benefits of a Marital Contract
Forming a marital contract has many benefits. Perhaps most importantly, it allows you to make decisions about your property and assets instead of letting them fall to the defaults established by Texas Law. Texas is a community property state, meaning everything you earn during a marriage belongs to both partners. This is not always a practical arrangement and could end up severely damaging one partner in the event of a divorce. A marital agreement will allow you to set terms to retain sole ownership of certain property and income you earn during your marriage.
Some benefits of marital contracts include:
- You can make sure property will go to your spouse in the event of your death. In Texas, community property does not always go to the spouse; other members of your family can also make a claim for it. Your marital agreement can prevent this.
- You can ensure that income from a family business or inheritance remains in your name. Income from property (such as a rental property) you owned before your marriage is still considered community property. If your marriage dissolves, you can ensure this income is still considered yours, or ensure it goes to your spouse in the event of your death.
- If you or your spouse has debt, you can set up an agreement that keeps all of their earned income in their name so that they can continue to pay off debt even if your marriage ends. Without a marital agreement, a spouse could lose the savings they had collected to pay off debts.
Marital agreements still need to be fair. Courts will not honor them if they feel the agreement mistreats one spouse. A marital agreement can also be overturned if does not meet the legal requirements set by the state, which is why it is crucial to have an attorney assist you in creating one.
Can a Prenuptial Agreement be Overturned?
Yes, if a judge feels that the terms of your prenuptial agreement are unfair or fail to adhere to certain guidelines, then it can be overturned. These guidelines can include:
- All prenuptial agreements must be in writing, as oral prenups will not hold up in court
- Neither party must be in duress or pressured to sign the document.
- The terms must be fair for both sides, nothing must be considered lopsided
- It is advised that a family lawyer review the prenup to ensure all steps were done properly
- Any premarital agreement must be signed in front of a witness and notarized
The accuracy of the components in your prenup is critical, as misinformation or failure to disclose certain assets can warrant your prenup void. Lastly, your prenup may be overturned in the event of unforeseen circumstances. This can include drastic changes in physical or mental health.
What to Include in Your Premarital Agreement
Whether you are drafting a prenuptial or postnuptial agreement there are important items to include for each. These include:
- What will be considered separate and marital property
- Who will be liable for debt, whether accumulated or expected
- How alimony or spousal support will be determined
- How finances will be saved or spent
What Not to Include in Your Premarital Agreement
Not everything may be included in your premarital agreement:
- Child custody
- Lifestyle clauses
- Forfeiting of alimony
- Anything that is considered illegal or unfair
Get the help creating a fair, legally binding prenuptial or postnuptial agreement with our Texas prentupial agreements attorney. Call (214) 972-3025 today. We offer services in English and Spanish.