League City Premarital Agreements Lawyer
Premarital agreements–known colloquially as “prenuptial agreements” or “prenups”, are aimed at addressing issues that would otherwise arise in a divorce settlement but doing so in advance of the marriage. State law provides guidance on what can be included in a Texas prenup and a League City premarital agreements lawyer from this office works with clients to make sure their agreements meet the standards required by law and address the issues a client may be concerned with.
Musemeche Law, P.C. has spent over 30 years dealing with contracts and family law cases. From our League City office, we also serve Clear Lake Area & Friendswood. Call today at (281) 809-9757 or contact us online to set up a consultation.
Is a Texas Prenup Enforceable?
As long as a prenup does not include items that state law prohibits from inclusion, a Texas court is likely to uphold the validity of a premarital agreement, the same as they would any other contract.
The National Conference of Commissioners on Uniform State Laws spelled out guidelines that individual states were advised to follow with regard to premarital agreements. The goal was to guide states in setting up laws that would lead to agreements that could stand up in court. The Texas Uniform Premarital Agreement Act is our state’s response to those guidelines.
A premarital agreements lawyer has wide latitude in working with a client on what can be included in a prenup. In fact, the latitude is wide enough that understanding enforceability is perhaps better understood by considering what can’t be included.
What Can’t Be Included in a Texas Prenup
Child custody decisions: The word always isn’t used often in law, but one thing that is always true in child custody is that the decision is made solely on the court’s decision on what the best interests of the child are. Any provision in a prenup that tries to supersede the court’s decision-making powers will be ignored.
The denial of child support: One spouse cannot get an agreement that absolves them of financial responsibility for children, be it their own or any children the other spouse brings into the marriage. The right of children to receive financial support from both parents (or step-parents) will not be abrogated by a private contract.
Anything illegal: As is the case with any contract, provisions that allow for illegal behavior are unenforceable.
Anything grossly unfair: Couples are given wide discretion in how they want to divide their assets and judges typically give a significant benefit of the doubt to all valid terms in a prenup. However, if the terms are so unbalanced that no reasonable person could consider it fair, the court has the option to strike it down.
The above items refer to the contents of the premarital agreement. The conditions under which the agreement was signed can also lead to its invalidation. For example:
- If one party signed the agreement under duress, the contract can be declared null and void. This is true in all areas of contract law, and it is no less applicable in the area of premarital agreements.
- If information was withheld, the contract can be struck down. A spouse that fails to disclose all their financial assets or any other materially relevant fact, sets the agreement up to be dismissed.
A League City premarital agreements lawyer from our office helps clients steer clear of the minefields that might invalidate their contracts. Then they can focus on what can be a part of their prenup.
Musemeche Law, P.C. has the experience and background necessary to draft an enforceable agreement that addresses the issues our clients care about. Call the League City office today at (281) 809-9757 or contact us online to set up a consultation. Also serving Clear Lake Area & Friendswood.
What a Texas Prenup Can Include
The issue of property division is a potentially contentious one in a divorce and one the parties may try to work out in advance of their marriage. The focal point of property disputes often comes down to what belongs to one spouse exclusively as their separate property and what belongs to both of them equally as marital property.
The basic principle is simple enough–anything a spouse brings into the marriage is separate property and anything acquired after the wedding is marital property. In practice, there often complications.
Property grows in value–everything from stock portfolios to real estate to business ownership. What part of that value is separate and what is marital can often be cloudy. A valid Texas prenup can address these issues.
Decisions on alimony–or spousal support as it is officially called in the state of Texas– can also be made up front. Perhaps there is a significant financial disparity between the spouses. While the spouse with the economic advantage cannot get out of child support for any children they may inherit, they can protect themselves against large alimony payments. The reason? Even though child support and alimony are officially paid out to the same source–the ex-spouse–alimony is meant strictly for the ex-spouse and not the children. Hence, a prenup can validly address this topic.
Inheritance rights can be included in a Texas prenup. This is something that may arise when one spouse wants to protect the interests of the biological children they may be bringing into the marriage. Prenups can also deal with specific property items and what happens with them in the event of a divorce.
Musemeche Law, P.C. has over 30 years of experience handling premarital agreements and other potentially complex areas of contract law. Call our League City office today at (281) 809-9757 or contact us online to set up a consultation.
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