Prenuptial Agreement Requirements

Photo Prenuptial AgreementTexas is a signatory to the Uniform Premarital Agreement Act, which allows a couple to use a premarital or prenuptial agreement. Texas Family Code, Chapter 4: Premarital and Marital Property Agreements govern Texas prenuptial agreements. There are requirements that the couple must meet and some circumstances that might render the agreement void. If you are considering a prenuptial agreement and want to make sure that the agreement is valid and enforceable, a prenuptial lawyer can help you and your partner meet the legal requirements.

Prenuptial Agreement Requirements

  • Prenuptial agreements need to be in writing. Some states require a notarized agreement, but Texas does not.
  • The couple must execute the prenuptial agreement before the marriage takes place.
  • Both partners must fully disclose their assets and liabilities. This includes getting appraisals done for things that might be difficult to value. The partners need to understand each other’;s situation fully before they can agree to anything in a prenuptial agreement. A court will void an agreement that involves less than full disclosure on the part of one of the partners.
  • It is vital that each partner has different legal representation. A Houston prenuptial agreement lawyer has a duty to represent the best interests of his or her client and this cannot occur if the attorney is representing two people with different aims. A couple can sign a prenuptial agreement without legal representation but a court will look at that agreement skeptically and closely.
  • Each partner must sign the prenuptial agreement voluntarily. The court will not enforce any agreement where it appears that one side pressured the other into signing or making concessions.
  • The agreement cannot contain provisions that limit child support rights. A couple cannot agree that one spouse will not seek child support. A court is likely to strike out any adverse limits relating to child support.
  • In Texas, prenuptial agreements become effective on the date the couple is married. The couple can amend the agreement any time afterwards as long the change is in writing and both parties sign the changes.

Contact a attorney at John K. Grubb & Associates, PC in Houston if you and your partner are interested in a prenuptial agreement and want to make sure the agreement is legally binding and enforceable.

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