Williamson County Prenuptial Agreement Attorneys

Strengthen communication, clarify details, and craft a premarital agreement with the help of a knowledgeable Williamson County premarital agreement lawyer

Marriage is a partnership – both in a legal sense and in day to day life. The strongest marriages endure when spouses partner up to face life’s major decisions together.

Many marriage partnerships thrive when each spouse brings their perspective, values, and experience to the table. The spouses listen to one another, share information openly, and combine their respective strengths to make better decisions than either could reach alone.

In a marriage, spouses bring more than just their experience, personalities, and tastes to the table. They also bring their own financial and familial histories. One or both spouses may have significant assets, debts to manage, children from past relationships, or other factors that affect – and are affected by – marriage.

A prenuptial or premarital agreement helps these prospective spouses craft a shared future. It answers important questions, like how the spouses will divide assets and debts if they later decide to end the marriage. If one or both spouses have children, the premarital agreement can help protect assets meant for them if one spouse passes away or the spouses later divorce.

The team at the Law Offices of Jason Wright can help you create a valid Texas prenuptial agreement. Reach out to our experienced Williamson County prenuptial agreement attorneys today to learn more.

Prenuptial Agreements in Texas: The Basics

A prenuptial agreement contains instructions for potential future events. Specifically, it outlines what will happen if the soon-to-be spouses later divorce or if one spouse passes away.

In Texas, married couples are not required to have a prenuptial agreement. A couple who divorces without such an agreement, however, must follow the default rules provided in Texas law for divorce.

These default rules include guidelines for dividing property. Texas is a “community property” state. Nearly all property the couple acquires during the marriage will be considered community property, subject to division between the spouses during a divorce. The spouses have limited options for deciding which community property stays with each spouse.

In a premarital agreement, however, the spouses have more freedom to specify how they want to split up property. For example, the premarital agreement can identify “separate” property, which remains with the spouse who owns it after a divorce.

What A Texas Premarital Agreement Might Contain

Each person entering a marriage has a unique life and life history. For this reason, Texas law allows for flexibility in the terms of premarital agreements. You and your soon-to-be spouse can include terms as needed to ensure the agreement reflects your situation.

Common topics addressed in Texas premarital agreements include:

  • Using or transferring property in the event of divorce. The agreement can grant one spouse the use of a family home or vacation home after divorce, for instance. It may also outline how each spouse can access or use other assets as well, such as frequent flyer miles, club memberships, or investment accounts.
  • Dividing property acquired during marriage. Texas law requires community property to be divided “equitably.” If spouses cannot agree on how to divide this property, a court will choose – and may make decisions the spouses dislike. A premarital agreement can lay out more comfortable terms for an equitable division. For instance, the agreement might specify which spouse will take which retirement accounts. It can also place a spouse in charge of certain expenses, like paying for the insurance on a family vacation home.
  • Managing property if a spouse dies. A prenuptial agreement cannot and should not replace an estate plan. However, it can help clarify and support an estate plan. For example, the prenuptial agreement can specify that certain assets, like a college savings account, should go to the children of one spouse if that spouse dies.
  • Making decisions if one spouse undermines the marriage. If the marriage ends because one spouse’s misbehavior undermines it, the premarital agreement can specify what should happen for both the misbehaving spouse and their partner. For instance, the agreement might say that if one spouse’s infidelity ends the marriage, the other spouse receives a larger share of the property.

There are limits to prenuptial agreements. For example, a prenuptial agreement cannot:

  • Substitute for an estate plan. It’s important for each spouse to have an estate plan, whether or not they also have a prenuptial agreement.
  • Set terms for child custody. In the event of a divorce, the divorcing parents can negotiate a custody and visitation plan. This plan will be subject to the court’s review, and it must support the best interests of the child. Because determining what is in a child’s best interests depends on factors that cannot be predicted with certainty, a prenuptial agreement cannot set terms for child custody. Those terms are set when the need for a custody agreement arises, if ever.
  • Set terms for child support. Child support is calculated via a formula laid out in Texas law. Because child support is for a child’s benefit, marrying spouses cannot change its terms in a premarital agreement.
  • Contain terms contrary to law or public policy. A premarital agreement cannot set terms that would otherwise violate Texas or federal law. For instance, the agreement cannot allow one spouse to be married to two people at the same time, as this term would violate Texas’s laws prohibiting such arrangement.

A prenuptial agreement is a legal contract. The prospective spouses making the agreement are bound by its terms once the marriage takes place. Because the agreement is legally binding, it’s important to work with an experienced Williamson County premarital agreement attorney to ensure the agreement is valid, honors your legal rights, and contains the terms you need and expect.

Should We Consider Making a Prenuptial Agreement?

All couples can benefit from honest conversations when entering a marriage. Not all couples want or need a prenuptial agreement, but many can benefit.

You may find a prenuptial agreement helpful if:

  • One or both people were married before or have children from a prior relationship,
  • One or both partners are carrying substantial debt,
  • One spouse has significantly more assets than the other,
  • One or both spouses have unique assets, like collector’s items or
  • Both spouses want to keep their finances separate after marriage.

Like any contract, a premarital agreement must meet the requirements for a valid contract under Texas law. In addition, a court will examine a prenuptial agreement to ensure that:

  • The agreement is reasonable for both sides. It doesn’t require either side to give up a substantial right (like the right to keep any property at all),
  • The agreement was entered freely by both parties, without force or coercion,
  • Both parties understood the relevant details, and neither spouse hid information from the other, and
  • Otherwise, conform to applicable laws.

Divorce can be a challenging process. Losing a spouse can be overwhelming. Discovering at these crucial times that your prenuptial agreement is invalid is an extra blow when you’re already overwhelmed.

To avoid it, work with an experienced Williamson County family law attorney with knowledge of pre-and post-nuptial agreements. Your soon-to-be spouse should choose an attorney as well. You, your spouse, and your respective lawyers can work together to ensure everyone’s rights are protected, and the resulting document accurately and legally reflects your shared vision.

We’re Already Married. Can We Still Make an Agreement?

A “prenuptial” agreement is so named because it is made before a marriage occurs. Prenuptial agreements are not valid until the marriage takes place, even if they’re signed in advance.

By definition, a couple who is already married cannot make a “prenuptial” agreement. However, a married couple can enter a “postnuptial” agreement” – an agreement made after the marriage occurs. These agreements are valid when they are signed.

Apart from the name, premarital and postmarital agreements are often similar. Both types of agreement can address issues related to property division, inheritance, and what to do in the event of a divorce or the death of a spouse.

Both pre- and post-marital agreements offer the benefit of a structured process for spouses to work together: sharing information, having honest conversations, and crafting an agreement that lays out their plans and expectations. The communication fostered by the post-marital agreement process may even help to strengthen the partnership moving forward.

Like a premarital agreement, a postmarital agreement must conform to Texas’s legal requirements. These include containing the elements of a valid contract. Spouses must share relevant information openly and understand essential details. They must each sign the agreement freely, without coercion or duress. No term of the postnuptial agreement can violate Texas law or public policy.

Spouses making a post-marital agreement can benefit from each hiring their own attorney. The respective attorneys will each take the perspective of the spouse they represent, thinking through their client’s specific legal perspective while negotiating for a valid, organized result.

A Knowledgeable Williamson County Prenuptial Agreement Attorney Can Help

Preparing for marriage is exciting – and sometimes stressful. A premarital agreement can reduce stress by fostering communication and providing clear expectations for the future.

At the Law Offices of Jason Wright, we’re dedicated to helping new families build clear, open communication for a shared future. Attorney Jason Wright applies his knowledge and experience to the practical questions surrounding pre- and postmarital agreements. To learn more, contact our office online or by calling 512-884-1221 to schedule a confidential consultation.

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