Compassionate Family Law Attorney
As the wedding bells prepare to ring and your big day draws near, it is important you think of your future between you and your soon-to-be spouse. What happens if things do not work out the way you had planned? While nobody ever wants to think of the subject, the truth of the matter is that divorce is a very real possibility and can cause considerable difficulty later on if the terms of your separation have not already been established. Through the creation of a prenuptial agreement, you and your spouse can help to eliminate your worries and prepare for potential conflict before it should even begin.
At Adams Law Firm, our Katy prenuptial agreement attorneys want nothing more than to see your relationship blossom into a strong marriage that lasts the course of a lifetime. Having been serving families and couples for more than 35 years, we can provide the steadfast legal guidance you need to create a strong, legally-binding marital agreement that prepares for all aspects of your upcoming union. Secure your future today – call (281) 391-9237.
Do I Need a Prenuptial Agreement Attorney?
It does not matter whether you are protecting a few assets or many, or whether what you want in your prenuptial agreement seems straightforward or complicated–an experienced attorney will make sure that you obtain the result you are looking for. The courts have specific methods of interpreting prenuptial agreements, and an attorney will be aware of pitfalls in drafting an agreement so there are no surprises down the line if the agreement needs to be enforced. Even if you never get divorced, you will have peace of mind that you are protected in the way you always intended.
It is also important that both parties to the prenuptial agreement understand what must be disclosed during the drafting of the agreement and the rights that each party has in the process. An experienced prenuptial agreement attorney will ensure that the process is smooth and that you know what to expect at every step along the way. This is a complex area with pitfalls for the inexperienced, so do what is in your best interest and contact an attorney to assist you for the best results.
Why Choose Adams Law Firm to Handle My Case?
Although a prenuptial agreement may never need to be enforced, it is necessary that you work with an attorney you can trust with your most valuable property. Your property is what is at stake should you eventually become divorced. On this basis, an attorney with experience in drafting prenuptial agreements and guiding individuals through the process is a necessity.
At Adams Law Firm, our team has a wealth of family law experience, including in the creation of prenuptial agreements in a variety of circumstances. Our team is high-achieving, having garnered an AV preeminent rating on Martindale-Hubbell and a Top Family Lawyers rating by H-Texas Magazine. With over 35 years of experience in the field of family law, our team is prepared to handle your case professionally for an optimal result.
Our team is deeply rooted in the Katy community and takes pride in representing the residents of this area so that they can achieve the stability and security they deserve. Do not wait to get in touch with us on our website or at (281) 391-9237 so we can begin to tackle your prenuptial agreement or any other family law issue you may have.
What Is a Prenuptial Agreement?
A prenuptial agreement, or more commonly known as a “prenup,” is a contract that two people can create before they marry to address key issues that could arise in the event of their supposed divorce. While prenups were once mainly used by the rich to protect high-net-worth assets, prenuptial agreements have since been used for a wide range of reasons and can be useful for all couples. The best way to think of a prenup is by comparing it to a fire extinguisher: you hope to never have to use it, but if you do, you will be glad it is there.
Prenuptial agreements can help couples prepare for a variety of issues, including:
- Property division
- Establishing spousal support
- Separating assets
- Dividing debts
- Protecting inheritances
- Guarding business assets
A prenup can also include instructions on how assets will be distributed in the event of a spouse’s death, particularly in cases where spouses marry with children from previous relationships. It is important to note that prenups are not absolute, as there are some issues that cannot be determined ahead of time. Child custody and child support may not be established in a prenup, as child support belongs to the child and custody must be made in alignment with the child’s best interests. While a prenup can assist with these negotiations, a judge may overrule its terms if he or she sees fit.
Who Benefits from Getting a Prenuptial Agreement?
Anyone can benefit from getting a prenuptial agreement, if only because it makes certain divisions of property crystal clear in the event of a divorce. Some specific situations where it should be seriously considered include the following:
- Either or both spouses have a significant amount of debt
- Either or both spouses have significant real property
- There is a large difference in wealth between spouses
- Either or both spouses have children
- It is a second marriage for either or both spouses
Regardless of your particular situation, an attorney at Adams Law Firm can assist you in understanding what you can accomplish in your particular situation with a prenup.
Issues a Prenup Can Cover
Among other things, a prenup in Texas may address any of the following:
- Each spouse’s rights to a specific property
- Who may buy, sell, lease, mortgage, or otherwise control any property
- How property will be distributed if one spouse dies
- Rights to death benefits in life insurance policies
- What law will be used to interpret the agreement or decide any disputes about its terms
- Anything else that is not void as against Texas public policy or that violates criminal laws.
If you have any questions about whether a prenuptial agreement can be used to determine your rights in a particular situation, our team of attorneys can readily help you. Call us at (281) 391-9237 today.
Can a Prenup Be Used to Determine Family Law Issues in Advance?
In Texas, prenups cannot definitively determine child custody or child support arrangements. A judge may consider the provisions of a prenup on these topics but is not required to give any weight to those provisions. However, Texas statutes permit spouses to create a binding agreement in a prenup regarding alimony. The amount, whether to waive alimony and all other matters affecting alimony can be set forth in a legally binding prenup.
Making an Enforceable Prenup
In Texas, the Uniform Premarital Agreement Act has been adopted, which states the conditions that should exist so that a prenup is an enforceable contract. To satisfy the legal requirements, the following must occur:
- The prenuptial agreement must be in writing
- Although no consideration, or thing of value, must be given in exchange for the promises in the prenup, the parties must make the agreement “in contemplation of marriage.” This means that the parties made and signed the agreement with the goal of an upcoming marriage in mind.
On the other hand, the following things will make a prenuptial agreement legally unenforceable:
- A party did not voluntarily agree to sign the prenup
- The agreement was so unfair that it would be unjust to enforce it. This is referred to as being “unconscionable.”
An agreement may be unconscionable if one spouse did not give the other spouse a reasonable financial disclosure regarding all obligations and property of that individual or one spouse did not have the opportunity to have adequate financial information about the other spouse. It is important to understand that a spouse can waive the option to obtain full disclosure from the other spouse, but without a waiver, this disclosure is a requirement.
If you need to draft a prenup, obtain advice about signing one, or need help understanding the enforceability of a prenup that already exists, we are here to help.
Changing or Terminating a Prenuptial Agreement After Marriage
If a couple is married and has a pre-existing prenuptial agreement, the couple may modify or terminate the agreement by entering into a new agreement that makes changes or specifically denounces the previous agreement. The new agreement must be in writing to be enforceable.
What If I’m Already Married?
If you are already married, you may still create a postnuptial agreement or a “postnup.” The only difference between a postnup and a prenup is the time in which it is created. Postnups are in many ways exactly the same as prenups and can be used to solve the same types of issues, only they are made after a couple has already gone through with their marriage. Many couples opt to create a postnup simply because they run out of time to create a prenup, or they simply do not have the desire to talk about divorce before their wedding. Either way, marital agreements can be invaluable tools to help couples minimize the stress of divorce.
Get Adams Law Firm on Your Side
If you are in need of a prenuptial or postnuptial agreement, our Katy family lawyers at Adams Law Firm are ready to assist you. Having earned an AV® Preeminent™ Rating by Martindale-Hubbell® and recognition on the list of “Top Family Lawyers” by H-Texas Magazine, we can provide the knowledgeable guidance you need to create a thorough agreement that allows you to enjoy your marriage with less stress. To find out more about how a marital agreement can be useful for your marriage, we invite you to schedule an initial consultation today.
