Houston Prenup Lawyer
People decide to get a prenup for a number of reasons. In most cases, couples do this because prenups have benefits that extend past the event of a divorce. In fact, a prenup can make a divorce more efficient and less costly, but it can also make a marriage stronger, because it forces the couples to discuss complicated issues before they become major problems during marriage. An experienced Houston prenup lawyer can work closely with you and future spouse to draft an agreement that protects your interests.
Prenups Help You Have An Efficient Divorce
A prenuptial agreement can reduce the time spent on discovery during divorce. For example, parties in the divorce may not have to produce evidence that certain assets are separate property, because they already included them as separate property in the prenup. Since they already agreed on what is separate property in the prenup, the couple will reduce the amount of time spent dividing community property during a divorce. That means they will spend less on legal fees and also avoid disagreements or fights. However, a prenup does not prevent every issue that may emerge during divorce.
Other Benefits Of Prenups
Your lawyer can help you draft a prenup that protects and keeps family estates and assets in the family should you and your spouse pass away. You can also use a prenup to set aside assets for your children from a previous marriage or for children that you have with your current partner. A prenup can be an effective way to protect your spouse from debt collection efforts on debt held solely by you. In a situation where one of the parties is wealthy while the other is not, the wealthy party can use the prenup to assure the less-wealthy party that they will be looked after adequately in case their marriage ends in a divorce.
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What Makes A Prenuptial Agreement Valid?
Your prenuptial agreement can only be valid and enforceable if it meets the following criteria:
- Each party must enter into the prenup voluntarily
- The prenup should be in writing
- The prenup should be negotiated by a couple that is planning to get married
- The terms in the prenup should be fair to both parties
- All parties must disclose all their assets and debts, unless they choose to waive disclosure voluntarily
Texas courts enforce any marital agreements but remember that an oral prenuptial agreement is unenforceable. Make sure you hire a Houston prenup lawyer to help you prepare a prenuptial agreement that meets the requirements for legal validity.
What About A Postnuptial Agreement?
While a prenup is discussed by couples that are not married but intend to marry, a postnuptial agreement can only be drafted by a couple that is already legally married. A postnuptial agreement can actually accomplish most of the things that a prenup can. That means that you can use your postnup to create terms and conditions for a possible separation or divorce in the future. You can also use it to divide your assets into separate property and community property.
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