How Can I Make Sure My Prenuptial Agreement Will Be Enforceable?

 Posted on January 21, 2021 in Prenuptial Agreements

When getting married, couples will need to be aware of a variety of issues that may affect them both immediately and in the future. While planning for the possibility of divorce will likely not be their top priority, it can be a good idea to consider this issue, especially if one or both spouses are entering the marriage with significant assets. A prenuptial agreement can provide spouses with protection, ensuring that they will be able to maintain ownership of certain assets if their marriage ends while also addressing other issues that may play a role in a potential divorce. However, couples will want to be sure their prenup will be legally valid and that its terms can be enforced if they do decide to get a divorce.

When Can a Prenup Be Invalidated

A prenuptial agreement must be signed by both parties before getting married, and it will take effect after the couple becomes legally married. A prenup will usually be enforceable if it is in writing and signed by both parties. However, under Texas law, a prenuptial agreement may be unenforceable in the following situations:

• Coercion or duress - A prenup must be signed voluntarily by both parties. If one spouse threatened the other or manipulated them into signing a prenup, the agreement may be found to be invalid. For example, if a person waited until the day of their wedding to present their partner with a prenup and stated that they refused to get married unless the prenup was signed, this could be seen as coercion. To avoid these issues, a prenuptial agreement should be prepared well in advance of a couple’s wedding, and both parties should be able to consult with an attorney to ensure that they understand and are satisfied with the terms of the agreement.
• Unconscionability - A prenuptial agreement may be found to be invalid if it is unconscionable, or grossly unfair to one party. However, a prenup will usually only be considered unconscionable if one party did not provide the other with a reasonable disclosure of their assets, debts, and other relevant financial information, if the other party did not waive their right to receive a financial disclosure, and if the other party did not have a reasonable knowledge of their partner’s financial circumstances. To ensure that a prenup will be valid, spouses should provide each other with a full disclosure of the assets they own, the debts they owe, and all sources of income.

It is also important to note that prenuptial agreements can make decisions about a couple’s property and finances, including deciding how assets will be divided in a divorce and whether one spouse will pay spousal support to the other. However, a prenup cannot decide matters related to child custody or child support. If a prenup attempts to address these issues, these terms may be disregarded, or the agreement as a whole may be found to be invalid.

Contact Our Austin, TX Prenuptial Agreement Lawyers

If you are planning to get married, a prenuptial agreement can provide you with many benefits, including protecting your assets and helping you avoid uncertainty about how matters will be handled if your marriage ends. The lawyers of Powers and Kerr, PLLC can advise you of your rights and help you create an agreement that will meet your needs. To learn more, contact our Austin prenup attorneys at 512-610-6199 to schedule a consultation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.4.htm