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Texas Prenuptial Agreements: Separating Fact from Fiction

Prenups get a bad rap. Prenuptial agreements aren’t a get out of jail free card. They’re not gold digger shields—that’s just an ugly stereotype. A prenuptial agreement is a legal agreement that some marrying couples who wish to keep protect their separate assets. It can also ensure that the agreements you have laid out can be enforced by the courts. The prenuptial agreement remains in effect while the couple is married. There’s nothing nefarious about it. Divorce sometimes happens, and if it does a prenuptial agreement can help manage the division of property.

The Prenup

Before marrying, a person with specific assets that he or she would like to keep separate may ask for a prenuptial, and his or her spouse-to-be may well find this reasoning understandable. These agreements aren’t used as a stranglehold of one spouse over another. While no one enters into marriage with dreams of divorce, divorce does happen, and a well-executed prenuptial agreement can help ameliorate the drama of a courtroom battle over the property. Working with an experienced Texas divorce attorney is strongly recommended.

In Good Conscience

To be enforceable, a Texas prenup can’t incorporate unconscionability. This means the prenup can’t be so widely disproportionate that a reasonable person, in good conscience, wouldn’t consider it fair. When couples come together in marriage, their fortunes intermingle, and a prenuptial agreement cannot block this basic tenet of marriage. In other words, an imbalanced prenuptial agreement won’t be enforceable.

Voluntariness

Both parties must voluntarily enter into a prenup, which makes when it's signed almost as important as what it contains. If a spouse is asked to sign a prenup just days before the wedding, it may appear to be something that was foisted upon them—instead of a well-considered document that they were able to take the time to contemplate thoroughly. In the days preceding the wedding—after all—the family is gathered, the photographers are ready, and the expensive wedding plans are all in place. If a prenup is thrown into the mix, it could look like coercion.

Your Lawyers

Much like in a divorce, one lawyer can’t represent both parties to a prenup. Though a prenuptial agreement doesn’t have to be drawn up by an attorney, both parties’ attorneys can help legitimize the process and help ensure that you both understand exactly what it is that you are agreeing to. If you’ve been asked to sign a prenup, you need experienced legal counsel. If you think you may need a prenup, you also need experienced legal counsel.

If You Have Prenup Questions, Consult an Experienced Sugar Land, Texas, Divorce Attorney Today

Prenuptial agreements can help keep a couple’s individual assets separate throughout a marriage. Not everyone needs or wants a prenuptial agreement, but a well-executed prenup can play a serviceable role in a happy and healthy marriage.Attorney Frank J. Vendt at The Vendt Law Firm, P.L.L.C., in Sugar Land, Texas, has the experience to help protect your rights in your prenup. To schedule a consultation with Mr. Vendt, please contact or call our office at (832) 263-6770 today.

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