Having a premarital agreement in place can provide a number of benefits, whether you want to safeguard your assets or the inheritance of your children from a prior relationship. However, it is vital to make sure that your premarital agreement is valid.
There are various reasons why courts can determine that a premarital agreement is invalid, which could render the agreement unenforceable and place your assets in danger. You can avoid this situation by carefully going over your prenup beforehand.
Premarital agreements and Texas law
According to the Texas Constitution and Statutes, premarital agreements must have the signatures of each party and be in writing. These agreements can cover a number of matters, such as rights to property and spousal support. Couples can revoke or amend an agreement after getting married by signing a written agreement.
Additionally, there are circumstances in which premarital agreements become invalid. For example, if the other party can prove that they did not sign the agreement voluntarily or the contract was unconscionable, it could become unenforceable. Some people can prove that a prenup was unconscionable because the other party did not provide a fair disclosure of their financial obligations or assets.
Discussing a premarital agreement with your partner
These factors highlight the importance of approaching a premarital agreement properly. Make sure you address any areas of uncertainty prior to signing a contract and discuss this topic with your partner carefully. Sometimes, people have misconceptions or make false assumptions when their partner mentions a prenup, and you should try to talk about this matter in an understanding manner.
By drafting and signing your premarital agreement correctly, you can reduce the likelihood of complications later on and protect your assets.