Granbury Prenuptial Lawyer

Family law is a complex area of civil law pertaining to legal matters among relatives. Divorces, adoptions, and many other legal matters pertaining to spouses, children, and families unfold in the family court systems of the United States. However, one aspect of family law that is often either overlooked or misunderstood is the prenuptial agreement, a contract formed between marrying spouses that outlines financial rights and responsibilities in their marriage.

Prenuptial contracts have a somewhat negative reputation in the United States. While they can be useful in expediting a future divorce with postnuptial terms and conditions, many assume the suggestion of a prenuptial contract to be an indication of a lack of faith in the relationship. The reality is that a prenuptial agreement can serve many important functions that benefit both spouses regardless of whether their marriage lasts.

If you have financial commitments from a previous relationship, control substantial assets, or simply want to have as much financial security in your upcoming marriage as possible, a prenuptial contract can help you and your spouse have peace of mind regarding these issues. However, you can only rely on a prenuptial agreement if it is legally enforceable. The best way to craft the prenuptial agreement you and your spouse-to-be need is by hiring an experienced Granbury prenuptial attorney to assist you in drafting your contract.

You and your spouse-to-be have the chance to discuss sensitive and challenging topics that many married couples do not approach until they have been married for some time. Unfortunately, this often leads to friction, and financial disagreements are one of the most commonly reported causes of divorces throughout the United States. The main benefit of a prenuptial contract is to minimize the chance of financial disputes erupting from a marriage by clearly outlining each spouse’s financial rights and responsibilities. However, the contract must be legally enforceable to truly offer this reassurance.

An experienced Granbury prenuptial attorney can help you and your partner identify the financial issues that are most concerning as you head into your marriage. A few examples of the financial matters marrying couples typically address in their prenuptial contracts include:

• Financial commitments from previous relationships. For example, if you have a child support obligation to a former partner, your prenuptial contract can ensure nothing interferes with your ability to manage this responsibility. Conversely, you can also ensure you will not face accountability for a spouse’s financial obligations from a past relationship.
• Spousal support terms. A prenuptial contract can include the couple’s preferred terms for spousal support if they decide to divorce in Texas. It’s important to consult with your attorney on this aspect of a prenuptial contract, as it cannot contain unconscionable terms.
• Allocation of assets and debts. Texas follows the community property law regarding property division in divorce. This means divorcing spouses must be prepared to evenly divide all marital assets and 50/50 responsibility for shared debts. However, each spouse is permitted to retain ownership over their separate property. Therefore, the prenuptial contract can serve a very important function by clearly defining each spouse’s separate property ownership rights and separate debt responsibilities before the marriage begins. This can significantly streamline property division proceedings in a future divorce.
• Inheritance rights. A prenuptial contract can be valuable for ensuring your family heirlooms stay in your family. For example, if you want a specific family heirloom to go to a child from your first marriage, your prenuptial contract can stipulate this so your new spouse could not potentially claim it as marital property if you divorce in the future.

It’s possible to customize your prenuptial contract in many ways. Taking time to develop this agreement with your spouse-to-be can improve communication between the two of you, provide financial security, and help you address many issues that cause serious marital problems for others before they can escalate.

Remember that while a prenuptial contract can perform many functions, there are limits to what you can include. For example, you cannot include any illegal terms that dictate everyday household responsibilities. You also cannot include any unreasonable or unconscionable terms. This is another reason to hire reliable legal counsel to help you and your partner draft a functional prenuptial contract.

Crafting your prenuptial contract requires meeting a few key requirements for enforceability. First, both parties must possess the cognitive capacity to sign a legally binding document. Second, there can be no duress, coercion, threats, or undue influence in spurring a party to sign the prenuptial contract. Third, the contract may not contain any illegal or unconscionable terms. Ultimately, every marriage is unique, and you need legal counsel you can trust from an attorney who can closely review your financial goals and concerns as well as your partner’s at the outset of your marriage.

The Law Firm of William A. Walsh can provide responsive and meticulous support and guidance as you and your spouse-to-be craft your prenuptial agreement. While it is true that your prenuptial contract could one day serve as the blueprint for your divorce, this is just one way to see it and one potential benefit of investing time and effort into a legally enforceable prenuptial agreement. We can help you and your spouse identify the financial issues that require the most attention, draft your prenuptial contract, and revise it as needed until you are both satisfied with its contents.

Remember that your life circumstances are likely to change over time. If you and your spouse went through the trouble of creating a prenuptial agreement, you should remember to review it periodically. If your circumstances have changed recently, you and your spouse may need to amend your prenuptial contract to ensure it remains legally enforceable. Every couple has different reasons for exploring the benefits of prenuptial contracts. If you are ready to discuss your prenuptial legal concerns with an experienced legal team, we are ready to help you. Contact The Law Firm of William A. Walsh to schedule your consultation with a Granbury prenuptial attorney.