Family attorney Fort Worth helps in various issues related to a family. This article talks about the family attorney’s help in prenuptial agreements in Texas.

Prenuptial agreements Texas

A wedding is the epitome of romance. However, the sad fact is that a significant number of marriages in the United States end badly. Consequently, it’s better to consult a family attorney in Fort Worth and consider your financial condition before getting married. You may be astounded to know that a prenuptial agreement is required.

Definition of a prenuptial agreement 

A prenuptial agreement (also known as a “prenup”) is an arrangement made between potential partners before marriage. Prenuptial agreements, in general, regulate the distribution of assets such as buildings, land, vehicles, and retirement funds. 

Before getting married, partners must make a final prenuptial agreement. As soon as the couples are married, it comes into effect. In certain states, prenuptial agreements are also defined as antenuptial or premarital agreements.

Who requires a prenuptial agreement?

Spouses can seek a prenuptial contract if any of the following cases apply:

  • Either partner brings a large amount of debt into the relationship.
  • The property would be brought into the marriage by one or both partners.
  • One partner is significantly more prosperous or less wealthy than the other.
  • Both or one of the partners is remarrying.
  • Both or one of the spouses has kids.
  • One or both spouses want to make sure that their estates are safe.

This list only includes a few common reasons. Contact a family attorney in Fort Worth if you think you require a prenuptial agreement.

What problems would a prenuptial agreement in Texas cover?

Prenuptial agreements Texas will cover any or more of the following topics:

  • the property rights and responsibilities of each partner
  • Who has the authority to purchase, sell, utilize, move, exchange, surrender, rent, use, allocate, mortgage, encumber (take a borrowing against anything), dispose of, control, or monitor the property.
  • If one of the partners dies or the couple split or divorce, private or physical property is divided.
  • alimony benefits
  • creating a will, a trust, or other agreements to make the prenuptial agreement’s provisions easier to implement.
  • the entitlement to a life insurance policy’s death benefits
  • Suppose a disagreement occurs over the prenuptial agreement or any other issue that does not involve Texas’s government policy or criminal cases. In that case, the law option decides what state’s law will define and settle the matter. 

Seeking more information on prenuptial agreements? Get information about a family attorney for prenuptial agreements in Texas right here!

How will I make sure my prenuptial agreement in Texas is enforceable?

The Uniform Premarital Agreement Act was enacted in Texas, and it points out all of the features which should be included in a legally binding prenuptial agreement. A prenuptial agreement must fulfill all of the following conditions to be lawfully valid in Texas:

  • The agreement must be made explicit: An implied term is unenforceable in the eyes of the law.
  • The prenup does not need to be backed up by considering that it is anything of value offered to the other party as a sign of support for an agreement.
  • The partners must have signed the prenuptial agreement “in anticipation of marriage,” which means that they must have discussed and signed it with an eye on a future marriage.

If any of the below statements are valid, prenuptial agreements are legally unenforceable:

  • Since one of the spouses did not sign the agreement willingly
  • It is “unacceptable,” which means enforcing it will be contrary to the law’s interests. A judge can determine if a prenuptial agreement is unjust as a matter of law.

If any of the following is valid, an arrangement is unacceptable:

  • One of the partners refuses to declare all financial commitments and assets owned to the other partner reasonably and fairly
  • . One of the partners did not willingly and explicitly suspend any right to said reporting in writing.
  •  One of the partners did not have, or could not sufficiently have had, sufficient information of the other partner’s financial assets and financial obligations.

Summary 

The agreement must be made explicit. The prenup does not need to be backed up by considering that it is anything of value offered to the other party as a sign of support for an agreement.

The partners must have signed the prenuptial agreement “in anticipation of marriage.” A family attorney in Fort Worth assists you in getting a just prenuptial agreement. Prenuptial agreements Texas is legally unenforceable if one of the spouses did not sign the agreement willingly. A judge can determine if a prenuptial agreement is unjust as a matter of law.