There are myriad reasons why a couple might want to consider a prenuptial agreement before marriage. Couples of all ages and income levels can benefit from having a prenuptial agreement, but they are most important for those who have amassed considerable wealth and have heirs to factor into the equation. Whatever your reason, however, it is important to make sure your prenuptial agreement is enforceable, to begin with. There are several common errors that can leave your agreement open to challenge if your marriage does end in divorce.
The idea behind prenuptial agreements is generally to direct how assets will be divided in the event of a divorce. Without such a contractual agreement, Texas laws dictate how your marital property is divided. A well-crafted prenuptial agreement is likely to be upheld in court, but it is important to recognize that there are some common mistakes that can nullify all or part of your contractual agreement.
A prenuptial agreement is a legal contract, and contract law is notoriously precise. In other words, your prenuptial agreement – in order to be enforceable – needs to be carefully considered and constructed. Some common nullifying errors include:
Your agreement was not entered into voluntarily – Generally, both parties retain an experienced divorce attorney to help protect their interests and to help disprove that the agreement was entered into involuntarily in the first place.
Your agreement was unconscionable at the time it was signed – This means that the terms of the prenuptial agreement were not fair (to the party challenging the prenup) at the time it was signed. This does not mean that the terms looked good at the time but – with everything that has happened in the interim – they are no longer a great deal. If the challenging party – at the time of signing the prenuptial agreement – was not provided with a fair and reasonable disclosure of his or her intended’s assets and liabilities, did not waive in writing the right to further disclosure of same, and had no other way of ascertaining that information, it could nullify the agreement.
Your agreement attempts to bypass laws related to preexisting debt – A prenup cannot be used as a tool to break or bypass existing laws.
Your prenup addresses issues related to child support and/or to child visitation – A prenup cannot be used to minimize one’s child support obligations (but it can be used to enforce an amount greater than that required by the Texas Family Code). While a prenup can address visitation issues, the court will not let these pass without first establishing that they are in the best interests of the children involved.
If You Have Concerns or Question Related to Prenuptial Agreements, Consult with an Experienced Attorney Today
Prenuptial agreements can be a delicate subject, but it is nevertheless one that it is sometimes important to consider. Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, has the experience, dedication, and knowledge to help you with all your concerns related to prenuptial agreements. For more information, please do not hesitate to contact or call us at (254) 220-4225 today.