Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Proving a Marital Property Agreement Should be Enforced in Texas

ATTORNEYS IN DALLAS

Establishing and enforcing marital property agreements

Proving a Marital Property Agreement Should be Enforced

Generally, individuals enter into matrimony with the expectation of spending the rest of their lives together. Nevertheless, a significant percentage of marriages terminate in divorce. In anticipation of this possibility, some individuals proactively establish prenuptial or postnuptial agreements to safeguard their assets and rights, or to establish guidelines in the event of a divorce. Despite signing such agreements, it is not uncommon for one party in a divorce proceeding to dispute the agreement's validity and request the court to disregard it. Thus, demonstrating the enforceability of a matrimonial property agreement can be a difficult task.

Enforceability of Marital Property Agreements Under Texas Law

In Texas, the Family Code provides the criteria for annulling a prenuptial agreement. Specifically, if a party opposes a prenuptial agreement, it will not be upheld if they did not voluntarily sign it, or if it was deemed unconscionable at the time of execution. Additionally, the opposing party must not have received fair and reasonable disclosure of their future spouse's financial liabilities or property, waived such disclosure in writing voluntarily, or lacked sufficient knowledge of their spouse's property or obligations. The Texas courts determine whether a prenuptial agreement is unconscionable as a matter of law.

Likewise, a written and signed post-marital agreement is necessary for enforceability when it pertains to the couple's respective property rights or partitioning property. The same grounds that apply to prenuptial agreements apply to post-marital agreements to determine their enforceability.

The Family Code specifies that there are no additional grounds for invalidating prenuptial or post-marital agreements. However, it is crucial to note that the Code only governs marital-property agreements established after September 1, 1993. The courts review the enforceability of agreements entered before that date based on the law applicable when the parties executed the agreement.

Proving the Enforceability of Marital Property Agreements

In Texas, public policy favors enforcing marital-property agreements, and the courts presume their enforceability unless proven otherwise. Factors such as one party lacking legal representation, the agreement being signed close to the wedding date, or the agreement heavily favoring one party alone will not, by themselves, make the agreement unenforceable. However, these factors may be considered by the court when determining the enforceability of the agreement.

To demonstrate the enforceability of a marital-property agreement, a party can rely on both direct and circumstantial evidence. Direct evidence may include documentation of financial information shared with the contesting party before the agreement's signing and discussions between the parties regarding the agreement's terms. Importantly, under Texas law, individuals are presumed to understand the terms of any agreement they sign. Therefore, if a party can demonstrate that they did not deceive their spouse into signing the agreement, they may be able to refute any claim that the agreement was not entered into voluntarily.

Speak with an Experienced Divorce Attorney

In divorce cases, parties may try to convince the court to overlook prenuptial and postnuptial agreements to avoid unfavorable rulings, but courts generally uphold validly executed agreements. The experienced attorneys at Wilson Whitaker Rynell help individuals protect their rights in divorce proceedings, and they can collect the necessary evidence to assist you in seeking the most favorable legal outcome based on the circumstances of your situation. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. 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