Dallas Premarital/Prenuptial Agreement Attorneys
Premarital And Post-Marital Agreements
Here at Shemesh Family Law, our Dallas premarital agreement lawyers know that planning your wedding and future can be one of the most exciting times in a couple’s life. We also know it can be stressful. Let us help you have a successful marriage by guiding you to eliminate the No. 1 reason for divorce: money. Having an prenuptial agreement in place can help your marriage start fresh and on the right foot.
To discuss setting up a premarital or post-marital agreement with an experienced family law attorney, call or Texas office at 214-504-2127. You can also reach us using our online contact form. We offer a 30-minute consultation for new clients. Serving clients throughout the entire Dallas-Fort Worth area.
Understanding Premarital Agreements in Texas
A premarital agreement—also known as a prenuptial agreement or “prenup”—is a contract made by two people before they marry. In Texas, this agreement allows couples to outline how they will handle property division, spousal support, and other financial matters in the event of divorce or death. While the idea of entering into such an agreement before walking down the aisle may seem uncomfortable to some, premarital agreements are often a smart, practical way to protect both parties’ interests, especially in cases where there are significant assets, family businesses, or children from prior relationships.
What is a Premarital Agreement and What Does it Do?
Under Texas Family Code Section 4.001, a premarital agreement is defined as a contract that two people execute before marriage to determine their property rights during marriage and in the event of divorce, separation, or death. The agreement can also address spousal support (alimony) and other financial matters.
The primary reasons individuals enter into a premarital agreement include:
- Property Division: A premarital agreement can define which assets are separate property (owned before marriage) and which are community property (acquired during the marriage). This clarity helps prevent disputes over property division in the event of a divorce.
- Debt Responsibility: The agreement can specify which spouse will be responsible for debts incurred before or during the marriage, protecting one party from liability for the other’s financial obligations.
- Spousal Support: Texas law allows parties to agree in advance on whether one spouse will receive spousal support, and if so, how much and for how long.
- Estate Planning: Premarital agreements are often part of an estate plan, especially when one or both spouses have children from previous marriages or substantial individual estates. These agreements can outline how assets will be distributed upon death, protecting inheritances and providing for the surviving spouse.
Importantly, while a premarital agreement can address financial matters, Texas law prohibits agreements that attempt to address issues of child custody or child support. Texas courts will not enforce any provision that is deemed not to be in the best interest of the child, as outlined in Texas Family Code Section 153.002.
Requirements for a Valid Premarital Agreement
For a premarital agreement to be enforceable in Texas, it must meet specific legal requirements under Texas Family Code Section 4.002. These requirements include:
- Written Agreement: The premarital agreement must be in writing. Texas law does not recognize oral prenuptial agreements.
- Voluntary Signing: Both parties must sign the agreement voluntarily, without coercion, pressure, or undue influence. If either party can prove that they were forced or coerced into signing, the agreement may be voided.
- Full Disclosure: Both parties must provide a fair and reasonable disclosure of their financial circumstances. This includes assets, liabilities, income, and expenses. If one party hides information or fails to disclose material facts, the agreement may be invalidated.
- No Unconscionable Provisions: A premarital agreement cannot be “unconscionable” at the time it is signed. This means that if the terms of the agreement are extremely one-sided or unfair, a court may refuse to enforce it. For example, a prenup that leaves one spouse with no financial support or access to any property may be deemed unconscionable and unenforceable.
Common Misconceptions About Premarital Agreements
Despite the practical benefits, premarital agreements are often misunderstood. Let’s address some of the most common myths about prenuptial agreements:
“Premarital Agreements Are Only for the Rich”
While high-net-worth individuals often use premarital agreements, anyone can benefit from having one. Whether you are entering a second marriage, have children from a previous relationship, or simply want to protect assets you have worked hard to acquire, a prenup can provide peace of mind. It can also help clarify debt responsibilities and protect your financial future in case of divorce.
“A Prenup Means You Don’t Trust Your Partner”
Many people believe that asking for a premarital agreement implies a lack of trust or a belief that the marriage will fail. In reality, it’s simply a way to have a clear understanding about financial matters before getting married. A prenup allows both parties to openly discuss their expectations and avoid potential conflicts down the road. It’s about protecting both spouses, not suggesting a lack of faith in the relationship.
“Premarital Agreements Are Unchangeable”
A common misconception is that once a premarital agreement is signed, it cannot be altered. In fact, Texas law allows for the modification or revocation of a premarital agreement at any time, as long as both parties agree to the changes in writing. This gives couples the flexibility to adjust their agreement if their circumstances change over time.
“A Prenup Is Only Useful for Divorce Planning”
While many people associate premarital agreements with preparing for divorce, they also play a key role in estate planning. A prenup can clarify inheritance rights, prevent disputes among heirs, and ensure that assets are distributed according to each spouse’s wishes in the event of death. A well-drafted prenup can provide long-term protection for both spouses, not just during the marriage, but after it ends—whether through divorce or death.
“Texas Courts Will Enforce Anything in a Prenup”
Not necessarily. Texas courts are generally favorable toward enforcing valid premarital agreements, but they will not enforce provisions that are deemed unfair, unconscionable, or made under duress. For example, if one party can prove that they did not receive adequate financial disclosure, or that the terms of the agreement were too one-sided, a court may decide not to uphold it.
Conclusion
Premarital agreements can be a valuable tool for protecting your interests, defining financial responsibilities, and planning for the future. While no one enters marriage expecting to face divorce, a well-crafted prenuptial agreement can provide clarity and peace of mind should the unexpected arise. Understanding the requirements and benefits of a premarital agreement—and dispelling common misconceptions—can help ensure that both parties make informed decisions.
If you are considering a premarital agreement, it is essential to consult with an experienced Texas family law attorney. An attorney can help you understand your rights, ensure that the agreement is fair, and guide you through the process of drafting a legally binding contract that will hold up in court.
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