Pre-Nuptial Agreements Relentless Advocacy in Pursuit of Your Legal Goals

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 and assets
  • 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.

What Makes Law Offices of Kate Smith, PLLC Different

Providing an Unmatched Experience
  • Board Certified in Family Law by the Texas Board of Legal Specialization since 2015
  • LL.M in Dispute Resolution from Pepperdine University School of Law
  • Master Credentialed Collaborative Lawyer by Collaborative Divorce Texas
  • Recognized as a Top Attorney every year since 2006 by Fort Worth TX magazine, Recognized as a Super Lawyer by 360West Magazine
  • Texas Board of Legal Specialization Family Law
  • Texas Bar College
  • Collaborative Divorce Texas Master