Prenuptial Agreements

Clark Law Group > Family Law > Prenuptial Agreements

Dallas Attorney Helping Clients Define Property Rights Before Marrying

Finding someone with whom you can share your life is a wonderful thing. While no marriage is perfect, some require more work than others and may warrant a prenuptial agreement. These legal arrangements help each party in the marriage define what is theirs alone and what will be shared so that if anything goes awry, they are protected.

Get the help of a Dallas prenuptial agreement attorney by calling the team at Clark Law Group for a consultation.

Is a Prenuptial Agreement Necessary?

Some couples feel unsure about signing a prenuptial agreement in Texas, worrying that it may come across as insulting as it implies that the marriage may end in divorce. However, this does not have to be the case. The truth is any prenuptial agreement can be dissolved later on to allow both parties to share property. Signing a prenuptial agreement is not an admission of failure in the relationship.

Prenup Benefits

Benefits of signing a prenuptial agreement could include:

Ensuring property rights are clear and defined
Having a safeguard in case of divorce
Guiding couples in what they can share
Helping to direct how alimony payments will be handled

What Can a Prenuptial Agreement Cover?

According to Texas family code, a prenuptial agreement can cover the following:

Property
Spousal support
The right to manage and control property
The making of an estate plan
Ownership rights to life insurance policies
Any other matter that does not violate public policy

A Dallas prenuptial agreement lawyer can help you understand everything that can be covered by a prenup and will work with you to draft one that suits your needs.

The Limits of a Prenuptial Agreement

If you worry that signing a prenuptial agreement gives the impression that the marriage will not last, consider what could happen if you did not have a premarital contract in place. Texas Family Code, Chapter 3 makes all marital assets subject to “just and right division,” which means all marital property is community property until one or both parties provides convincing evidence proving otherwise.

This community property includes:

Income
Salary-related benefits
Retirement plans
Family inheritances

While a prenuptial agreement may be able to safeguard your assets, there are many things that a prenuptial agreement cannot do.

A prenuptial agreement cannot:

Waive a future spouse’s benefits
Contain provisions that violate public policy or a statute imposing criminal penalties
Be used to defraud creditors
Be used to waive the right to child support

Can a Prenup Be Voided?

Prenuptial agreements can be voided in certain circumstances. If a prenuptial agreement meets the following criteria, it could potentially be nullified:

Unconscionable terms: If a prenup is grossly unfair or one-sided, it could be voided because the terms are unconscionable
Duress and coercion: If it appears that a prenup was signed under duress, such as when it’s signed right before the wedding, a court might see this as coercion and void it
Failure to disclose: If one party fails to disclose all of their assets while drafting a prenup, a court is likely to void that agreement during a divorce

For these reasons, it’s extremely important that you seek counsel from a knowledgeable Dallas prenup attorney that can help you avoid the pitfalls that could void a prenuptial agreement.

Get the Help of Clark Law Group

Our firm understands how to draft prenuptial agreements that serve to protect you and your family’s interests for the future. We have helped many clients to set things right in their marriage before the walk down the aisle.

Call 469-906-2266 now or contact us online to schedule your consultation and get started on a prenuptial agreement.