Cedar Park Prenuptial Lawyers

Prenuptial Agreement Attorneys Help Cedar Park, Texas Couples Clarify Their Plans Before Marriage

Marriage is a partnership – in law and life. As a couple plans to enter the marriage partnership, each person brings to the table their history, values, property, and ideas about how the partnership should look and function.

While marriage partners may begin the marriage with similar visions, over time, these visions may change. Both planned and unplanned life changes can alter the shared vision or change a spouse’s opinion about how the partnership should work.

A prenuptial agreement can help a couple stay on track by articulating a shared vision. If the couple later decides to divorce, the prenuptial agreement can reduce the stress of the divorce process by clarifying key points ahead of time.

At the Law Office of Jason Wright, our Cedar Park prenuptial agreement attorneys have extensive experience assisting our clients in developing comprehensive premarital agreements. We can help you strengthen your lines of communication and articulate your vision of a successful marriage.

Prenuptial Agreement Basics

A prenuptial agreement, also known as a premarital agreement, is an agreement between two soon-to-be spouses that outlines what will happen if the spouses later divorce.

Texas doesn’t require a married couple to create a prenuptial agreement. If the couple doesn’t have one, however, Texas’s default rules for divorce will apply if the couple later divorces.

These default rules include Texas’s rules on community property. When someone files for divorce, Texas law presumes that all property belongs equally to both spouses. A premarital agreement allows a couple to designate which property stays with each spouse in the event of a divorce.

A prenuptial agreement is a legal contract: the parties who enter the agreement are bound by its terms. While certain exceptions exist in Texas law, they apply only to a narrow set of circumstances. Speak to an attorney as soon as possible if you’re concerned that your prenuptial agreement may not be valid.

Contents of a Prenuptial Agreement

Most prenuptial agreements focus on what will happen to a couple’s property if a divorce occurs. For example, Texas prenuptial agreements commonly address questions like:

• How each spouse may use or transfer property after a divorce. For example, the agreement may explain each spouse’s rights to use a family or vacation home, spend accumulated frequent flyer miles, or sell stocks or bonds.
• The rights and responsibilities of each spouse related to property the spouses acquired during the marriage. For instance, a premarital agreement may place one spouse in charge of managing or selling assets to fund schooling for children. The agreement may specify who will pay for various types of insurance coverage.
• How property will be distributed if divorce occurs or if one spouse dies. Instead of defaulting to Texas’s community property rules, spouses can create a prenuptial agreement to explain which spouse may take which property in a divorce. If one spouse dies, the agreement can also clarify what should happen to their property – for example, if it should be held in trust for that spouse’s children from a previous marriage.

The agreement can also set conditions to trigger various sets of rules. For example, the agreement may state that property is distributed differently if the marriage ends due to one spouse’s infidelity.

Prenuptial agreements have limits, however. A premarital agreement cannot dictate plans for child custody or support. Texas requires child custody plans to support the best interests of the child. A court must settle the legal question of whether a particular plan meets this requirement. Similarly, the right to receive child support belongs to the child, not the parents. A parent may receive the payments on behalf of the child, but the right is the child’s. The parents cannot modify this right in a premarital agreement.

A premarital agreement may not include any terms contrary to law or public policy. For example, Texas law prohibits bigamy (the practice of having more than one spouse at a time). A premarital agreement that allows the spouses to marry additional spouses would thus be unenforceable, as enforcing it would violate Texas law.

Couples Who May Benefit from a Prenuptial Agreement

All couples can benefit from an honest, good-faith conversation about their financial situation, what they want their marriage partnership to look like, and what they want to happen in the event of death or separation. Writing down these plans can provide a sense of clarity. It can also bring the couple closer as they work together on their shared future.

Premarital agreements are particularly helpful when:

• One or both partners were married before or have children from a prior relationship. The agreement can clarify what property transfers from the parent to child if the parent dies or the couple divorces.
• One or both spouses have a lot of debt. Debt is distributed in property agreements during a Texas divorce. A prenuptial agreement can explain how the spouses will split the debt if they separate.
• One spouse has significantly more assets than the other or has unique assets. The premarital agreement can specify how the spouses want to distribute these assets when one spouse brings most of them into the marriage. If one spouse has unique assets such as a collection of rare and valuable items, the agreement can also explain what should happen to the collection if the spouses divorce.

Even if none of these conditions apply, a premarital agreement can also support a couple who decides to keep their finances separate. The agreement can state how the finances are separated and how they should remain separated in the event of divorce or death.

Creating a Valid Prenuptial Agreement in Texas

Texas law generally accepts that a prenuptial agreement is valid if it meets Texas’s requirements for valid contracts.

Because of the deeply financial and personal nature of premarital agreements, Texas courts will look closely at the terms of each agreement. Courts will only uphold a premarital agreement if:

• The agreement is reasonable to both sides. A premarital agreement that requires one spouse to give up considerable rights will not be enforceable. For example, a court will likely not enforce an agreement that leaves one spouse with no property at all.
• Both sides entered the agreement freely. Like all contracts, a prenuptial agreement must be entered voluntarily by both parties, who must understand and agree to the terms of that agreement. Evidence that one spouse was pressured or coerced into signing the agreement may result in a court refusing to enforce that agreement.
• Both sides had a full understanding of relevant information. A premarital agreement is more likely to be enforced if both sides have access to a complete picture of one another’s finances, parenting situation, and other relevant information. On the other hand, a court may not enforce an agreement if one side conceals information from the other.
• The agreement’s terms do not violate any applicable laws. A premarital agreement’s terms will only be enforced if they do not violate state or federal law. If a part of the agreement violates the law, the court will determine whether that part can be removed and the rest of the agreement enforced – or whether the entire agreement is invalid.

To ensure your prenuptial agreement is valid in Texas, have both spouses work with their own experienced Texas premarital agreement attorney. When each side is represented by their own lawyer, each spouse can discuss their needs and concerns openly. Each spouse receives advice tailored to their perspective and situation. The attorneys and spouses can work together to craft an agreement that adheres to Texas law and that courts will accept.

Agreements After Marriage

A Texas couple that has already married can create a postnuptial agreement. A postnuptial agreement can cover many of the same issues as a prenuptial agreement. The difference in name simply reflects when the agreement was made (premarital = before marriage; postmarital = after marriage).

As with premarital agreements, postmarital agreements must meet Texas’s legal requirements. These agreements are more likely to be clear, complete, and enforceable if each spouse works with their own experienced Cedar Park premarital/postmarital agreement attorney.

Speak to a Dedicated Cedar Park Family Law Attorney to Learn More

Preparing for marriage is an exciting time – and occasionally a stressful one. A Texas prenuptial agreement can reduce your stress. Creating a premarital agreement allows you and your partner to have honest, in-depth conversations about finances, blended families, and other important matters.

At the Law Office of Jason Wright, our experienced Cedar Park family law practice understands that not every family law issue needs to be a fight. Attorney Jason Wright takes a practical approach to each case and client. When handling premarital agreements, Attorney Wright focuses on supporting soon-to-be spouses in communicating with one another and strengthening their relationship as they build their premarital agreement. Attorney Wright advocates for his client’s perspective and views while coordinating with a partner’s attorney as needed to build a valid agreement that meets your needs.

To learn more, reach out to the Law Office of Jason Wright by calling 512-884-1221 or using the firm’s online contact form to schedule a confidential consultation.