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.
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:
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.
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.
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.