Texas Prenuptial Agreements
A “prenuptial agreement” -- or “premarital agreement” -- is a contract between couples contemplating marriage that enumerates how a couple with handle the financial part of their marriage.
Contemplating a premarital agreement does not mean you are anticipating a divorce. It does mean you want to have a meaningful discussion of your financial matters prior to marriage. It will also inform you if you and your perspective spouse have similar philosophy regarding the handling of your finances.
Texas has adopted the Uniform Premarital Agreement Act, which provides for the circumstances in which agreements are enforceable. Under this law prenuptial agreements are usually considered valid by Texas courts, unless they are obviously unjust such as:
- tries to enter into a contract to never seek child support because Texas law protects children and parents cannot contract around their duties to care for their offspring;
- hasn’t been signedvoluntarily by both parties;
- is blatantly unfair on financial issues including (1) a party failing to disclose all of his (or her) finances; (2) the other party did not sign an acknowledgment that he (or she) did not care about the other party's finances (waiver); and (3) this other party did not know about the other party's finances and could not easily have discovered the unknown assets.
If you and your fiancé are interested in a prenuptial agreement or premarital agreement, then please feel free to contact the Law Office of Michael Granada for a paid, initial legal consultation. We’re here to help you.
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