Getting a Prenuptial Agreement for Your Second Marriage

 Posted on April 26, 2024 in Prenuptial Agreements

Prenuptial agreements are a debate for some couples, but these agreements have their place in many marriages, whether you are on your first or second. In some cases, people who are marrying for a second time may be more agreeable to a prenuptial agreement so that they can effectively protect themselves from repeating the divorce experience of their first marriage.

A skilled Texas prenuptial agreement lawyer is necessary to help you figure out your prenuptial agreement and ensure that this important document is suitable for both you and your spouse.

When Do Texas Marriages Need a Prenuptial Agreement?

While prenuptial agreements in Texas are a good idea for most marriages, some marriage situations may call for a prenuptial agreement more than others. You should strongly consider a prenuptial agreement for your marriage if any of the following apply:

• You are marrying again and wish to create an agreement that helps you easily navigate a potential divorce.
• You have children from your first marriage, or you want to protect the inheritance and finances of children or other dependents.
• You own a business, or you have a share in a business, and you want to stop that business from potentially being divided in a divorce.
• You have substantial monetary or sentimental assets that you do not want to divide or sell if a divorce occurs.
• There is the potential for you to receive a large inheritance during your marriage, and you want to make sure that inherited property belongs to you and is not subject to division upon a divorce.

How Do I Ensure My Prenuptial Agreement Holds Up in Court?

Your prenuptial agreement will need to follow the standards set in the Texas Uniform Premarital Agreement Act. Under this act, certain things cannot be included in your prenuptial agreement, such as specific arrangements for child support, and it will not be enforceable if it was found not to have been signed voluntarily. Additionally, if one spouse hides details about their assets or income, the agreements listed in the prenup will also not be honored.

Suppose you want to ensure that your prenuptial agreement holds up in divorce court, should the need arise. In that case, you will need to work with an experienced prenuptial agreement lawyer who can advocate for a mutually pleasing outcome in this document.

Contact an Austin, TX Prenuptial Agreement Lawyer

Figuring out the details of your prenuptial agreement with your spouse can be stressful, and it is important to have a knowledgeable Travis County, TX prenuptial agreement attorney on your side during this process.

At Powers Kerr & Rashidi, PLLC, our attorneys are highly experienced in working with couples seeking to create a valid prenuptial agreement. We are not afraid to aggressively support your rights during the creation of this document. Call 512-610-6199 for a consultation.