Deer Park Prenuptial Agreements Lawyer Safeguards Assets
Texas family law attorney protects your interests with legal marital agreements
Prenuptial agreements were once seen as purely mercenary, being used when one spouse-to-be didn’t trust the other’s intentions. Quite the contrary, by defining financial rights and expectations, a prenup can strengthen a marriage. And in case of divorce, a prenup will likely smooth the property division process, reducing confusion and conflict. Our Deer Park prenuptial agreements lawyer at the Shelley A. Merchant firm can analyze your situation and counsel you about safeguarding your assets and interests.
Why consider a prenuptial agreement in Texas?
Prenuptial agreements clarify financial rights and interests during and after marriage, specifically by:
- Promoting open conversation about money, which strengthens trust and reduces conflict
- Protecting property owned before marriage, such as real estate and liquid assets
- Shielding each spouse from being responsible for the other’s pre-existing debts
- Keeping either spouse’s ownership and control of business ownership intact
- Providing a roadmap for asset and debt division during a divorce
- Protecting an inheritance for a child from a prior relationship
Our Deer Park divorce lawyers can advise about how having a prenup may benefit you.
Key elements of a prenuptial agreement
To be valid in Texas, a prenup must satisfy certain conditions. It must be:
- In writing and signed by both parties
- Entered into voluntarily and without fraud, coercion or duress
- Made with full disclosure of both parties’ assets and debts
- Fair and reasonable to both parties
Each party should retain their own attorney for drafting and reviewing a prenup. One attorney cannot represent both sides.
Texas prenuptial agreement laws
Certain terms are unenforceable in a prenuptial agreement in Texas, namely any provisions that:
- Predetermine child custody arrangements or alter or waive child support obligations
- Create incentives for divorce or separation (e.g., financial rewards)
- Set rules for personal behavior, such as grooming, weight limits, intimacy or fidelity
- Waive spousal support in a way would leave one spouse destitute
In addition, a prenup may not contradict state statutory provisions or public policy.
How our Deer Park prenuptial agreement lawyer can help
Every financial and personal situation is unique to the couple involved. Our lawyers will assist you by preparing a custom agreement that thoroughly accounts for your particular needs. We focus on negotiating fair terms and ensuring compliance with Texas law so that the prenup can withstand any challenges to its legal enforceability. If your future spouse presents you with an agreement they have prepared, we can review it to make sure it does not violate your rights and interests.
Modifying a prenuptial agreement
Circumstances can change during marriage and your current prenup may no longer be appropriate for your situation. We can assist you in drafting a modified agreement that is suited to your changing needs.
Texas law also recognizes postnuptial agreements. These are often used when married couples want to reclassify property (e.g. from community property to separate property), to clarify debt responsibility or to protect business interests acquired or increased during marriage. Courts will enforce postnups as long as they are fair, transparent and meet the same criteria as are required for prenups.
Contact our Texas law firm for guidance in preparing a prenup or postnup
The law office of Shelley A. Merchant, located in Deer Park, helps Texas clients draft valid prenuptial or postnuptial agreements that protect their financial interests. Call 281-817-0998 or contact us online to schedule a consultation with an experienced family lawyer.