Prenuptial Agreement Attorneys in Denton County, Collin County, & Tarrant County
Discuss Your Pre- or Postnuptial Agreement with Board Certified Family Law Specialists
Most people ready to tie the knot are not thinking about a divorce or their death. While only the latter of these two is inevitable, the other is certainly a possibility. Because of this, it is wise to enter into marriage having made special arrangements regarding the protection of assets. This is especially true for couples where one or both parties have a high net worth, although couples of any means can benefit.
If you would like to ensure that your property will be divided according to your wishes upon your death or in the event of divorce, our Denton prenuptial and postnuptial agreement lawyers can help. Coker, Robb & Cannon, Family Lawyers can be trusted to help you develop and enforce a plan for the future. We offer financing to help with retainer fees. Click here to see your options.
Get qualified counsel from an experienced prenup attorney. Call (940) 293-2313 or contact us online! Video consultations are available.
We have helped families just like yours through all types of divorce and family law-related matters. Find out how one of our Board-Certified Family Law Specialists can help you.
Prenuptial Agreements in Denton, Collin, and Tarrant County
If you are concerned about maintaining what you already cherish as you enter into the union of marriage, a prenuptial agreement can provide the peace of mind you desire.
Also known as "premarital agreements," prenuptial agreements are used by couples to set forth how they want their money, assets, and property divided in the event of a divorce or death. An experienced prenup attorney can help you and your partner determine if this type of agreement is right for you.
A prenuptial agreement might be a good idea if:
- One partner is starting a business
- One partner is about to receive an inheritance
- The couple wishes to avoid arguments in case of divorce
- The couple wants protection from each other’s debts
- One partner would like to pass separate property to children from prior marriages
- The couple wants to clarify each partner’s financial rights and responsibilities
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Prenuptial Agreement Myths
Most people have notions about prenuptial agreements from what they’ve seen on the news, seen in movies or soap operas, or heard from general gossip. However, most of these preconceived notions are complete myths. The following are the most common myths regarding premarital agreements fully debunked, almost Mythbusters style.
Myth 1: Prenuptial Agreements Are Only for Wealthy People
Just because you aren’t rich now doesn’t mean you won’t become wealthy in the future. A prenuptial agreement can simply put in writing how you and your spouse will approach finances so that there will not be any upsetting surprises after marriage. And in the event that you divorce, you will have everything completely laid out to help minimize conflict.
This is most important for second, third, etc. marriages, especially when children from previous marriages are involved. A clear plan in writing about your financial situation will reduce potential conflict between spouses and children in the event of a divorce or death.
Myth 2: Prenuptial Agreements Simply Protect the Wealthier Spouse and Nullify the Other’s Rights
This may seem to be the case, especially in the realm of celebrities, but it’s not an umbrella fact. Premarital agreements can and should be written to protect both spouses. In addition, prenuptial agreements found to be completely one-sided can be difficult (or impossible) to enforce court. The basic requirements for such agreements to be enforceable are relatively the same in each state:
- Signing the agreement must be voluntary;
- The agreement cannot be unfair when signed; and
- Each spouse must fully disclose all assets and debts in the agreement.
Myth 3: Premarital Agreements Aren't Romantic
Prenuptial agreements really aren’t romantic, but if you think about it, for a successful marriage, romance isn’t everything. Not to mention, fighting over money after marriage isn’t romantic either.
Also to the contrary, studies have found that when couples work together to create a prenuptial agreement, it can actually strengthen the relationship. Money is the number one reason for marital conflict, and if how to handle finances has already been discussed and set, then most of the conflict has already been resolved. Doesn’t that sound more romantic?
Myth 4: Premarital Agreements Must Address Every Issue That Might Come up in a Divorce
Prenuptial agreements are your own private contracts between one another, so there is no minimum or maximum number of issues you and your spouse have to include. If you only want to discuss your premarital assets, then that’s all you need. If you just want to outline how your finances will be handled at the time of your death, that’s fine too. If you want to discuss every possible issue that could come up in a divorce, then that’s acceptable too.
Myth 5: If We Don't Get Married and Just Stay Living Together, My Partner Won't Have Any Claims to My Income or Property
Texas recognizes common law marriages (called “informal marriage” in Texas),which are partially established by living together, and since Texas is a community property state, any property or income you acquire while cohabitating in a common law marriage will be considered joint property. In other words, your partner will have claims on both your income and property.
Granted, common law marriages are a tad difficult to prove, but you and your cohabitating partner can avoid all of that potential conflict with a cohabitation agreement. This way, it’s definitive who will own what property, who is entitled to what after death or break-up, etc.
So really, despite the ugly portraits prenuptial agreements have, they can be something that helps solidify a relationship, reduce conflict, set a financial plan, and avoid future court costs. They don’t sound so ugly after all, do they?
What Can Make a Premarital Agreement Invalid in Texas
When executed properly, premarital agreements are a great way to protect your current and future personal assets prior to entering into a marriage. However, any of several factors could compromise the validity of this document, making it absolutely necessary to obtain legal counsel if you and your fiancé are considering a premarital agreement in Texas.
Top 4 reasons your premarital agreement might be invalid:
- The agreement includes unacceptable provisions. Premarital agreements cover almost all financial aspects of the marriage. They cannot, however, override or otherwise modify child support obligations determined by the court. Any clause that attempts to violate the state’s law on child support provisions will be considered invalid in the event of divorce involving children.
- The agreement includes false information or undisclosed information. Crucial to any premarital agreement is the understanding that both parties have fully and accurately disclosed information pertaining to their assets, income, and other liabilities. If, down the line, it comes out that any of this information was not adequately disclosed, i.e. undervalued assets or failure to disclose income, then the agreement may be deemed invalid.
- The agreement was coerced or otherwise signed without consent. Although difficult to prove, coercion—or even duress—is grounds to throw out an existing premarital agreement. Individuals who are forced into signing a premarital or who are asked to sign one while ill or under the influence of drugs or alcohol, may have reason to invalidate the agreement entirely.
- The agreement was not properly executed. A premarital agreement must be in writing, signed by both parties, prior to the marriage of the parties.
We strongly advise that both parties seek separate legal counsel when drafting and signing a premarital agreement. Texas enforces the Uniform Premarital Agreement Act (UPAA), which covers all elements that must be present in order to make a premarital agreement valid and binding. The right divorce lawyer will ensure your premarital agreement includes everything needed to effectively establish a binding, enforceable contract.
Contact our Denton County and Collin County attorneys at (940) 293-2313 to discuss your premarital agreement.
Why Choose Coker, Robb & Cannon, Family Lawyers?
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Create a Marital Agreement Today
Coker, Robb & Cannon, Family Lawyers is here to help you draft your marital agreement and ensure that it is enforceable. Our Denton prenuptial and postnuptial agreement attorneys are committed to delivering high-quality service to each of our clients. This begins by getting to know you during a case evaluation.
Suggested Reading:
- Things You Need to Think About Before Marriage (Prenups & more)
- What Provisions Can Prenuptial Agreements Contain Under Texas Law?
Start drafting your prenuptial or postnuptial agreement with a Denton prenup lawyer! Contact us online or call our office at (940) 293-2313 to get started.
