Colleyville Prenuptial Agreement Lawyer
Legal Representation for Prenups in Grapevine, & Tarrant Counties
Prenuptial agreements are legal contracts written prior to marriage that
set forth financial and property arrangements between couples should their
marriage end in death or divorce. These agreements have become increasingly
popular in our country due to the protections they provide for both parties.
In my state, the Texas Family Code establishes what a prenuptial agreement
is, what it covers, and how it is made valid. If you are contemplating
having a prenuptial agreement drawn up prior to your marriage, you can
get the legal help you need to create a valid contract at the Law Offices
of Kate Smith, PLLC. My firm devotes much of its practice to family law
issues such a prenups and offers legal representation from one of the
few Texas Board-Certified family law attorney in the state.
Need a prenup? Contact my firm at
817-381-7733 to arrange to speak with your Colleyville prenuptial agreement attorney
about this issue today.
Texas Prenuptial Agreements
In Texas, prenuptial agreements are also known under the Texas Family Code
as premarital agreements “made between prospective spouses in contemplation
of marriage and to be effective on marriage.” These agreements are
mainly designed to handle property, whether real or personal, as well
as income and earnings.
A prenup outlines the following:
- The rights and responsibilities of both parties in regards to property
- How property will be disposed in the event of death of either party or divorce
- How the issue of spousal support will be handled
- How wills and trusts will be created that will carry out the terms of the agreement
- How life insurance policies will be handled
The Texas Code also states that a prenup cannot adversely affect the right
to child support where it is legally obligated. Other issues that may
be included in a prenup can include such matters as the creation and use
of joint accounts, outlining who will be responsible for paying specific
expenses, dispute resolution methods that may be used should a conflict
arise, and how adulterous relationships may affect the matter of property
division in a divorce. In order to go into effect, a Texas prenup must
be in writing and signed by both parties. It may be amended or revoked
at any time by written agreement as well.
To be valid, prenups must be signed voluntarily, cannot have unconscionable
terms for either party, and must occur after full disclosure of all property
and debts on both sides. Courts have the right to determine the validity
of a prenup based on the Family Code should it be contested in court.
The Benefits of a Prenuptial Agreement
Because finances are an area of disagreement that can erode a marriage,
a prenup lays out established terms for the handling of finances beforehand.
It also reveals to each partner the full extent of the other’s assets
and debt. Those who may want to consider creating a prenup include couples
where either one will bring in significant debt or property or where one
or the other is substantially wealthier or poorer than the other. They
are also beneficial in the case of second and subsequent marriages, especially
where children from previous relationships will be brought into the marriage,
or where either spouse will want to secure an estate so as to protect
heirs and beneficiaries. Overall, prenups are beneficial to all potential
marriage partners due to the fact that they bring property and financial
issues out into the open so that no surprises will occur down the road.
Want to negotiate and create a prenup? Call the Law Offices of Kate Smith, PLLC at
817-381-7733 or contact me through the online request form today.