Prenuptial Agreement Attorney Reviews Texas’ Legal Requirements
Read About the Common Provisions in Texas Prenups
Texas is a signatory to the Uniform Premarital Agreement Act, which allows a couple to use a premarital or prenuptial agreement. Texas Family Code, Chapter 4: Premarital and Marital Property Agreements govern Texas prenuptial agreements. There are requirements that the couple must meet as well as some circumstances that might render the agreement void. This includes the full disclosure of both parties’ property and financial obligations.
If you are considering a prenuptial agreement and want to make sure that the agreement is valid and enforceable, then talk to a prenuptial agreement attorney. He can then help you and your partner meet the legal requirements.
What are the Prenuptial Agreement Requirements in Texas?
Premarital or prenuptial agreements may contain, among other things, contract provisions regarding the following items:
- the rights and obligations of each of the parties of the property of either or both of them whenever and wherever acquired or located;
- the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- the modification or elimination of spousal support;
- the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- the ownership’s rights in and disposition of the death benefit from a life insurance policy;
- the choice of law governing the construction of the agreement; and
- any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
Preparation of a Premarital Agreement
Frequently people say that they are going to prepare their own premarital agreement. This can include getting a form off of one of the internet websites. As a Houston premarital lawyer, I can tell you that this is probably the most foolish thing a person can do. This person runs the risk of preparing an agreement that does not accomplish his or her objectives. Furthermore, the probability of a successful challenge to a premarital agreement goes up dramatically when people try to do it themselves.
As I tell people, I am very smart. There is absolutely no doubt in my mind that I can do appendectomies. Unfortunately, probably the first fifteen appendectomies will result in death, because of the learning curve. The last thing a couple wants to do is to use a premarital agreement as a learning curve experience. Furthermore, frequently when people do their own premarital agreements, upon death or divorce, the cost to untangle the mess that they create frequently far exceeds the cost of having a properly prepared premarital agreement.
Can one prenuptial agreement lawyer be used by both parties to prepare a premarital agreement? In my professional opinion, no. One attorney cannot represent both parties in preparing a premarital agreement. Each party should have his or her own attorney to review the schedules, assets, the liabilities and the agreement itself. Your attorney should explain how the agreement affects your respective rights. Furthermore, in my premarital agreements, I generally include an acknowledgment by the other attorney that he or she explained the agreement to his/her client, that his/her client voluntarily signed the agreement, his/her client expressly waives any right of disclosure of the property and financial obligations of the other party beyond the disclosure provided for in the agreement, and that the party understands how the agreement will affect his/her rights.
Amendment or Revocation
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.
Need More Information About Prenuptial Agreements in Texas?
Premarital agreement lawyer John K. Grubb has been assisting soon-to-be spouses for prenups in Houston, Texas for over 30 years. This includes Harris County, Montgomery County and Fort Bend County. If you and your fiancé want a prenuptial agreement and want to make sure that the agreement is legally binding and enforceable, then reach out to our law office today.