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Prenuptial Agreements Only Help if They Are Enforceable

Prenuptial Agreements Only Help if They Are Enforceable

No one enters into marriage with the idea that they will be getting out of it soon enough. Further, a prenuptial agreement is not an exit plan and should not be considered as such. Prenuptial agreements, nevertheless, can play an important financial role in your marriage – especially if it is a second marriage and there are inheritances involved. The financial implications of any divorce, however, are so significant that having an enforceable prenuptial agreement in place can go a long way toward providing peace of mind – and, sometimes, even marital stability. 

Your Prenuptial Agreement

A carefully drafted prenuptial agreement can help clarify your financial rights in the event of a divorce, including identifying what is separate property and guiding the division of your marital property. Doing the soul searching and going to the effort of executing a prenuptial agreement cannot, however, do you any good if it is not enforceable, to begin with. 

Factors that Can Render Your Prenup Unenforceable

The following represent the factors that are most likely to invalidate prenuptial agreements:

 
  • Fraud – If you and your soon-to-be spouse were not both forthright about your finances in your prenup, it can amount to fraud, which will likely cause the court to disregard the contract altogether. Undervaluing one's assets and other forms of financial deceit can all rise to the level of fraud. 

  • Coercion – If the prenuptial agreement is determined to have been entered into as a result of coercion, duress, or mental incapacity (to understand the prenuptial agreement in the first place), it will be deemed unenforceable. While coercion can be difficult to prove, engaging in verbal threats or undue pressure may suffice. 

  • Errors in the Paperwork – Prenuptial agreements are contracts that must comport with Texas laws. As such, they must be in writing, must be signed by both parties, and must include all appropriate and necessary disclosures. If the prenup's drafting is not in keeping with state laws, it is likely invalid, to begin with. 

  • Lack of Legal Counsel – In the State of Texas, both parties to a prenuptial agreement must represent their own interests (preferably with professional legal counsel on their side). If either party lacks a solid understanding of what he or she is signing (due to lack of counsel, for example), it can nullify the prenup. 

  • Overarching Concerns or Invalid Clauses – If the prenuptial agreement favors one spouse unfairly, it is not likely to carry legal weight. Further, if the prenuptial agreement addresses matters that it is illegal to include in a prenuptial agreement, such as child custody terms and/or child support payments, it can negate the entire contract. 

 

Turn to an Experienced Killeen Divorce Attorney Today

If you are considering a prenuptial agreement, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a trusted divorce attorney who has the experience and legal savvy to help ensure that your prenup supports your best interests and is well within the boundaries of legal supportability. To learn more about how we can help, please contact or call us at 254-501-4040 today.






 

Baby on Board: Driving Safely

Driving is an immense responsibility, and driving with a baby or small children on board is an even bigger responsibility. Fortunately, there are some tried-and-true safety tips you can employ to help keep your small children safe every time you head out on the road. When you make driving safely your top priority, you help protect your children, which means that incorporating these safety techniques into your routine can provide you with the increased peace-of-mind that every parent is looking for. 

Make Sure You Are Using the Right Car Seat

Until they reach at least the age of one, children should be in rear-facing car seats. Generally, the longer your child stays in a rear-facing car seat, the better. This configuration helps to protect your baby’s head and neck in the event that a crash ensues, and it can significantly decrease the risk that the crash will be fatal. All of the following should apply to your baby’s car seat:

  • The car seat should have a carrier handle and be rear-facing only (for your child's first car seat).

  • The car seat should meet all NHTSA standards and should be installed according to the manufacturer’s instructions in the back seat. It is important to recognize, however, that not every car seat works in every vehicle. 

  • Your child should be properly strapped into the car seat – every time. 

  • The car seat should be registered with the manufacturer (in case there is a recall).

 

Once your baby outgrows his or her initial car seat, you can move on to a convertible car seat that you continue to face toward the rear. 

Turn Off Your Phone

Engaging with your phone while behind the wheel is less than ideal, and if you have a baby on board, you need to give the practice a hard pass. Having a baby in the back is distraction enough, which makes putting your phone completely away while you are driving a far safer option. 

Drive Defensively

You remember learning to drive defensively in driver’s ed, but if you do not make this your regular practice, it is time to start. Defensive driving means being prepared to react to whatever it is that other drivers do. In other words, you should expect the unexpected and be prepared to react safely. 

Avoid Drowsy Driving

New parents are exhausted much of the time, and there is little you can do to alter this fact. You should not, however, get behind the wheel when you are too tired to drive safely. If you and your child’s other parent stagger your sleeping schedules and take turns driving, you will be better prepared to avoid dangerously drowsy driving. 

An Experienced Killeen Personal Injury Attorney Can Help

If you or your loved one has been injured as a result of another motorist’s negligence, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a practiced personal injury attorney who is on your side. For more information, please do not wait to contact or call us at 254-501-4040 today.

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