Texas Family Law Specialist
Consultation with a League City premarital agreements attorney is a key step in protecting your property rights and safeguarding your legacy. Texas law is specific when it comes to the rules and procedures that must be followed when entering into a prenup.
For example, Texas Family Code section 4.003(a) specifies what can be in the contract:
The rights and obligations of each of the parties in any of their property of either or both of them whenever and wherever acquired or located;
The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
The disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
The modification or elimination of spousal support. In other words, it is possible to use a prenup to outline how spousal support will be paid and in what amount, while a divorce suit is pending or following the divorce.
The making of a will, trust, or other arrangement to carry out the provisions of the agreement. In other words, the prenup and protect the financial interests of children from a prior marriage, since the prenuptial agreement can set out that they receive money or assets upon divorce and prevent your spouse from withholding money or selfishly keeping for themselves.
The ownership rights in and disposition of the death benefit from a life insurance policy;
The choice of law governing the construction of the agreement; and
Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
A premarital agreement cannot adversely affect a right of child support. In other words, the parents cannot agree through a premarital agreement to a reduced amount of child support. Additionally, a prenup can’t contemplate possession and access or conservatorship for children.
In the event you are ever involved in a dispute over the interpretation or validity of a prenup agreement, with money and property on the line, it is crucial to have an experienced family law attorney fighting hard on your side. In League City, Rob Musemeche is Board Certified in Family Law by the Texas Board of Legal Specialization, an arm of the State Bar of Texas. Board Certification in Family Law means that Rob’s family law specialization distinguishes him among the very top one (1) percent of all 110,000 lawyers licensed to practice law in the state of Texas. When money matters, those are good odds.
In Texas, a prenuptial agreement can potentially be attacked or invalidated under certain circumstances. For example, Family Code section 4.002 requires that a prenuptial agreement be in writing and signed by both parties. Furthermore, the two contracting parties do not need to exchange money or property for a valid prenuptial agreement to take place.
While each case is unique, here are some common scenarios in which a League City prenuptial agreements Attorney can help represent you in a case where a prenup may be subject to challenge:
Lack of Voluntary Consent: If one spouse can demonstrate that they signed the agreement under duress, coercion, or undue influence, the court may deem the agreement invalid. Voluntary consent is a crucial element of a legally enforceable prenuptial agreement.
Failure to Disclose Assets or Debts: Full financial disclosure is essential in prenuptial agreements. If one party fails to disclose significant assets, liabilities, or income, it can undermine the validity of the agreement. Both parties should provide complete and accurate financial information for the agreement to be considered valid.
Unconscionability: If the terms of the prenuptial agreement are excessively unfair or one-sided, a court may find the agreement unconscionable and choose to disregard it. The agreement should not be overly burdensome or provide grossly disproportionate benefits to one party.
Procedural Improprieties: Procedural errors during the creation and signing of the prenuptial agreement can also lead to challenges. For example, if one party did not have sufficient time to review the agreement or did not have independent legal counsel, it may raise concerns about the agreement’s validity.
Invalidity of Certain Provisions: Specific provisions within a prenuptial agreement may be deemed unenforceable if they violate public policy or contravene Texas laws. For instance, provisions that attempt to limit child support or child custody rights may be subject to scrutiny by the court.
To minimize the risk of a prenuptial agreement being attacked, it is essential to ensure that the agreement is drafted carefully, both parties have had ample opportunity to review it, and there is full and fair disclosure of financial information. Consulting with a qualified League City family law attorney like Rob Musemeche is crucial to creating a prenuptial agreement that meets the legal requirements and safeguards the interests of both parties.
The Musemeche Law Firm is in Webster, Texas, in the Clear Lake (League City) area between Houston and Galveston. To schedule a confidential consultation with Attorney Rob Musemeche and our team, call (281) 475-4145. Our friendly staff is available to answer your questions, address your concerns, and help you take the first step towards a resolution. You can also reach us by filling out the quick and easy contact form located from the CONTACT US drop down tab, and also found throughout the website. We look forward to hearing from you, and having the chance to provide you with the trusted legal representation you need.
Remember, when it comes to family law matters, having the right attorney by your side can make all the difference. Trusted since 1988, Rob Musemeche is your steadfast advocate in the courtroom and beyond.