A prenuptial agreement is a document signed prior to marriage that indicates what will happen to assets after a potential divorce. A prenuptial agreement can benefit nearly any couple, and with so much at stake, you should not proceed to draft your prenup without the assistance of an experienced Montgomery County prenuptial agreement lawyer here at the Bolton Law Firm. Contact us today to learn more about prenuptial agreements and how we can help you draft one that works best for you and your future spouse.
Do I Need a Montgomery County Prenuptial Agreement Lawyer?
Many couples wonder whether it is worth it to draft a prenuptial agreement, especially since it’s far from a “romantic” document. However, the truth is, more couples than ever are realizing that prenuptial agreements may be the best way to attain the peace of mind they need to start focusing on what matters most.
Prenuptial Agreements in Texas
In the case of divorce, a prenuptial agreement can prevent toxicity by eliminating the need for debate on who gets what, ensuring that these decisions will have been made long before both parties were involved in the emotional difficulties of separation from a spouse. In the case of death, a prenup acts as a preexisting contract and can ensure that the surviving spouse receives a share of property that they might not have otherwise obtained, especially in cases where the late spouse had not written a will.
Ensuring Your Prenuptial Agreement is Valid & Enforceable
A prenuptial agreement means nothing if it cannot be considered valid and enforceable in the eyes of Texas law. By hiring an attorney to help draft your prenuptial agreement, you can ensure that your agreement will be considered valid and enforceable, should you ever need it. Under the Uniform Premarital Agreement Act, your prenuptial agreement must meet the following criteria:
- It must be in writing
- It must be executed “in contemplation of marriage”
- It must be fair and just to both parties
- It must be signed voluntarily
- There must be full disclosure of assets
Postnuptial Agreements in Texas
If you want to protect yourself or a spouse with a prenuptial agreement but you’re already married, it isn’t too late. You can draft what is known as a ‘postnuptial agreement’. A postnup is essentially just a prenup agreed upon at any point after the wedding day. A postnup is a good idea if you are looking for the protection of a prenup, or perhaps if you want to convince your spouse that your intentions are the preservation of the marriage rather than the acquisition of property.
Contact Our Montgomery County Prenuptial Agreement Lawyer
For any further questions, or if you are ready to draft a prenuptial or postnuptial agreement, do not hesitate to contact the Bolton Law Firm, PC today. Our legal team is more than happy to help you through every step of the process ahead.