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Challenging a Texas Prenuptial Agreement

Posted on in Complex Divorce

Austin, TX complex divorce lawyerWhen it comes to the division of the marital estate in a divorce, Texas is a community property state. This means that the court generally divides the marital estate in half unless there is some type of valid legal document in place that states otherwise. One such legal document is a prenuptial agreement.

A prenuptial agreement is a legal contract that the spouses enter into before they get married. A prenup can cover a number of issues should the marriage end, including what assets and property are separately owned, which are marital, how the marital assets should be divided between the couple, and whether any alimony will be paid.

Prenups also enable a couple to have significant and important discussions about finances that they may not otherwise have prior to the marriage – something that can cause marital problems in the future – since both spouses are required to disclose all assets and debts they are bringing into the marriage. This can help open up the discussions about what kind of spending habits each spouse has and what each spouse’s financial goals are for the future.

Valid or Not Valid?

A prenuptial agreement can be challenged and declared void under certain circumstances. The following are some of the reasons a court will consider when deciding if a prenuptial agreement is valid:

  • The terms of the prenup are blatantly unfair to one spouse or the other.

  • One spouse did not provide full disclosure of their assets or financial obligations. Unless the other spouse agreed in writing to waive that disclosure, this could void a prenup.

  • One spouse intentionally lied about themselves and/or their financial situation in order to commit fraud against the other spouse.

  • One spouse was under duress when the prenup was signed. This can include being threatened, pressured, or otherwise coerced to sign. Each spouse has a right to have an attorney represent them and to have enough time to review the agreement before signing it.

  • One spouse was impaired when the prenup was signed. This can include being intoxicated due to alcohol or drugs or heavily medicated, or suffering from an illness.

It is important to keep in mind that prenuptial agreements only cover financial matters between spouses. They cannot address child custody, child support, or any other parental issues. Those are issues that fall completely under the jurisdiction of the family court.

Contact a Travis County Family Lawyer

If you are getting a divorce but signed what you think was an unfair prenuptial agreement, contact an Austin, TX complex divorce attorney from Powers and Kerr, PLLC to find out what legal options you may have. Call 512-610-6199 today.



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