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TX high asset lawyerPrenuptial agreements are a common legal tool used to avoid protracted litigation, particularly in the event of a high-asset divorce. Of course, when a divorce proceeding actually begins, it is not unusual for one spouse to challenge the validity of the prenuptial agreement. This is why it is essential to follow certain procedures when drafting the agreement initially.

Houston Court Rejects Wife's Challenge to Prenuptial Agreement

A recent decision from a Texas appeals court illustrates how to successfully defend a prenuptial agreement from such a challenge.

This case involves a couple that initially met through a dating website. The future husband lived in Houston, while the future wife lived in Vietnam. Even before the two met in person, the husband said he "wanted his future wife to sign a prenuptial agreement to protect his assets," according to court records.

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Texas divorce lawyerMany couples who enter into a marriage with significant assets of their own choosing to create a premarital agreement, which ensures that property acquired prior to the marriage will not be divided upon divorce. However, prenuptial agreements are only enforceable in court if they are created in accordance with specific standards, so if you or your future spouse have significant assets, it is critical to speak with an experienced high asset divorce attorney who can ensure that your agreement is valid and will not later be thrown out by the court.

Defenses to Enforcement

There are only a few ways that a person can defeat a premarital agreement, including by proving that:

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Texas divorce attorneyPremarital agreements can help ensure that in the event of a divorce, both parties will have a clear understanding of their assets and liabilities. However, premarital agreements are not always enforceable, in which case, a couple may need to reevaluate property division issues, so if you believe that your premarital agreement does not conform to the state’s requirements, please contact a complex divorce lawyer who can explain your options.

Voluntary Signatures

In order to be considered valid, a premarital agreement must be in writing and signed by both parties. Even when these technicalities have been honored, an agreement can still be challenged if one of the parties alleges that at least one of the signatures was not voluntary. To establish that a signature was not voluntary, the party may need to provide evidence that the document was signed under duress, fraud, or undue influence.

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