A premarital agreement, also known as a prenup or prenuptial agreement is a contract used to determine the division of assets and spousal support in the event of a divorce in the future. Postmarital agreements are similar to premarital agreements the only difference being that they are signed after marriage. In Texas, you can underwrite almost anything you own in a premarital agreement, except for child custody arrangements or child support in the future. Provided that the agreement is well drafted, it should remain valid. Nevertheless, you’ll still need the services of a good Houston family lawyer who can help you draft an enforceable and clear document that protects your interests and not just anyone who can spit a form document.
Helping You With Your Postmarital and Premarital Agreement In Texas
We at John K. Grubb and Associates, represent both individuals and couples living in Houston and its surrounding environs seeking to have a post-marital or premarital agreement drafted for them. We also can serve as representatives for parties asked to co-sign these agreements. Houston-based attorney John K. Grubb is a licensed Family Law Attorney with an MBA in Finance and Accounting and is board-certified in Civil Trial Law By Texas’ Board Of Legal Specialization. Mr. Grubb has also received numerous accolades over his 30+ year career, including the highest p[ossible “AV” rating by Martindale-Hubbell for both ethical standards and legal ability.
When are Postmarital and Premarital Agreements Enforceable?
- The court system In Texas has a two-prong test that they use to determine if either one of these agreements is enforceable:
- Was the agreement signed voluntarily?
- Was it unconscionable at the time of signing?
Just because postmarital or premarital agreements are a bad deal, that does not mean that they are unconscionable. Many people enter into such agreements believing that they can easily get nullify them later if they aren’t fair. Houston Family lawyer John K. Grubb has represented family lawsuits where this issue was at stake. Texas’ Courts of Appeal have routinely come to the conclusion that if a person made a bad premarital agreement deal, he or she will still have to follow the agreement since it is not that “shocking to the conscious” of someone in a normal state of mind. Cases that allow one to avoid premarital agreements based on the “unconscionability” factor are quite rare. If an agreement was based on misrepresentation or fraud, involves overreaching, or was signed under duress, it’ll not be enforceable. Indistinctness in an agreement could also make it unenforceable. It is always best to have both sides well represented by a counsel to make sure that the agreement reached by both parties is accurate. Another reason to have a Houston family lawyer representing either one of the parties is so that the person signing the agreement cannot claim, at a later time, that they signed the agreement involuntarily.
Why Face An Uncertain Future When A Houston Family Lawyer Can Help?
Seek the counsel and advice of Houston family lawyer experienced in this law area from John K. Grubb and Associates when looking to enter a premarital agreement or when getting a divorce where premarital agreements are involved.