The Texas Family Code provides for two types of marital agreements: (i) premarital agreements, known as prenuptial agreements or “prenups,” and (ii) marital property agreements, known as post-nuptial agreements or partition or exchange agreements.
A premarital agreement is an agreement in writing signed by both parties used in situations when one or both people about to marry wish to keep the parties’ separate estates distinct from the community estate. A premarital agreement provides for some certainty upon divorce or separation such that property can be quickly and easily settled in a divorce. Premarital property agreements are made possible by the state constitution, by Texas statutes, and by case law. In addition, public policy dictates that premarital agreements should be enforced, and the law favors these agreements. Property that may be subject to a premarital agreement is broadly defined to include any “interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.” Our experienced prenuptial lawyer can draft premarital agreements and discuss how to best protect your separate property interest prior to marriage.
Texas Family Code Section 4.003 provides the following comprehensive list which can be considered in drafting a premarital agreement:
Our Family Law attorneys understand that the best way to resolve a dispute is often before it happens or outside of a courtroom. At the Wilson Legal Group, our attorneys are trained in the preparation of marital agreements, as well a mediation and arbitration to reach a peaceable resolution of your dispute. We pride ourselves on being able to help our clients avoid the cost and burden of litigation through prenuptial and post-nuptial agreements or mediation that results in a fair and equitable agreement. Our team of skilled legal professionals will work closely with you to understand your interests and make sure that you are protected and receive what you are entitled to.
Premarital agreements provide for the orderly dissolution of property in the event of marital discord. While premarital agreements do make the division of community and separate property easier, it is equally important that the premarital agreements are created to be enforceable. For instance, a premarital agreement is enforceable if the party against whom enforcement is requested proves the following:
However, if the party did not sign the agreement voluntarily, or the agreement was unconscionable when it was signed, then the agreement may be per se void. It is recommended that both parties have lawyers when preparing and completing premarital agreements.
Our skilled family attorneys can help you prepare, negotiate, and enforce a prenuptial or post-nuptial agreement.
A partition and exchange partition is an agreement between spouses that allows them to convert community property into the separate property of one spouse. While a partition and exchange partition agreement is entered into after marriage, the property transferred becomes that spouse’s separate property, and the transferring spouse loses any community right in and to that property.
The Texas Family Code makes it clear that child support may not be “adversely affected” by a premarital agreement. To eliminate or reduce a party's child support obligation in the event of divorce would not be enforceable.
Premarital agreements can include any and all property and are broadly defined as any “interest, present or future, legal or equitable, vested, or contingent, in real or personal property, including income and earnings.” Prenup agreements provide closure to the marital relationship in the event of death or divorce and are intended to protect the spouse's well-being through early conflict detection and resolution.
A successful prenup enforcement case often begins with an assertive offense and/or defense, and you need a lawyer capable of being aggressive when and as necessary. Our divorce attorneys have represented clients in hundreds of cases, from simple undisputed divorces to the most complex and challenging matters. They have successfully taken numerous cases to trial and have reached settlements favorable to our clients in scores more cases. Our success is due to our attorney's dedication to our clients' and fierce advocacy for our clients' rights and interests. Our divorce lawyers will not allow you to be taken advantage of but will strive to protect your rights, to fight for your interests, and to give you the strong and aggressive representation your case demands.
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