Frisco Premarital Agreements Lawyer
Avoid Future Marital Conflicts and Protect Your Rights with Prenuptial Agreements
Many people have a knee-jerk reaction to the term “prenuptial agreement,” but for some couples it’s a solution that actually safeguards the relationship.
Take, for example, the 2nd marriage of an older couple with adult children. Those children may feel suspicious of the second spouse, and fearful that this marriage would compromise their inheritance. A premarital agreement can reassure them that their inheritance is safe, freeing them to accept the new family member.
A premarital agreement can also provide security to a business partnership by spelling out whether a new spouse will or will not have an interest in the business.
That said, there are also good reasons why you might not want a prenup. If you’ve been asked to sign a prenup and you’re not sure about the terms, our Frisco premarital agreements lawyer would be happy to meet with you to discuss your concerns.
Our law firm drafts premarital and postnuptial agreements for clients in Frisco and throughout North Texas. We make certain our clients’ rights and interests are protected as we draft prenups that define the rights, duties and obligations of each party during the marriage and in the event of a death or divorce.
On This Page:
- How Can a Prenup Protect You and Your Family?
- What Is a Postnuptial Agreement?
- Which Option Is Right for You?
- What a Prenup Can and Cannot Do
- Ensuring Your Agreement Is Valid
- Get Legal Guidance Today
How Can a Prenuptial Agreement Protect You & Your Family?
A prenup is an agreement entered into prior to marriage by both spouses. It defines what happens to you and your spouse’s assets in the unfortunate event of divorce or death. One of the most common reasons couples enter into a prenup agreement is to prevent separate property (property you obtain before marriage) from becoming community property.
By entering into a prenup, you can:
- Protect your assets: If you have high-value assets you obtained before your marriage, you can ensure you keep them in the event of divorce or death. The same goes for your soon-to-be spouse.
- Protect your business: Do you have a business? A prenup will define whether or not your new spouse will have an interest in your business.
- Protect your children’s inheritance: A prenup can protect the inheritance you set aside for your children from a previous relationship.
- Protect your inheritance: If you have an inheritance or expect to receive one in the future, a prenup can protect it.
What Is a Postnuptial Agreement?
If you’re currently married without a prenup, you do have the option of entering into a postnuptial agreement. The protections are the same. The only difference is the agreement is signed post-wedding. Sometimes, couples opt for a postnuptial agreement to reduce the stress often induced by legal discussions before the wedding day.
Which Is Right for You?
In most cases, if either spouse is bringing high-value assets into a marriage, we recommend a prenup or postnuptial agreement. Yet, each situation is different. A professional family law attorney can help you decide whether a prenup or postnuptial agreement is right for you and your new spouse.
What a Prenup Can and Cannot Do
- Prenuptial and post-nuptial agreements can address almost any issue the parties want to include. The most common reason people get a premarital agreement is to modify traditional community property rights. Under Texas family law, property that you bring with you into your marriage is considered your separate property, but any income derived from that property during your marriage is community property. With a prenuptial agreement, you can designate that income as separate from the marriage pool.
- The only issues that cannot be settled in a prenuptial agreement, without court-approval, are those that involve child custody, visitation and child support. That only makes sense. You cannot foresee the needs of children.
Ensuring Your Premarital Agreement is Valid
There are circumstances under which a premarital agreement could be invalidated. One of those situations is when one of the parties has been compelled to sign the contract under duress. (Insisting that someone sign a prenup shortly before a wedding can be construed as duress.) To avoid this, each party should be represented in the premarital contract negotiations by their own attorney.
Failing to fully disclosure all assets and property before the contract is signed also increases the risk that the contract could be voided in court at a later date.
Meet with a Prenup Attorney Serving Frisco, TX
Schedule a time to meet with one of our Frisco family lawyers. We can explain your legal rights when it comes to drafting or signing a prenuptial or post-marital agreement.