San Antonio's Premartial Agreement Experts
Whether or not to enter into a premarital agreement is a very personal decision. Each couple and individual is unique. Please review the information below using your own unique circumstances. If you believe that a premarital agreement is right for you, contact the Law Office of Perkins & Janis today.
What is a “premarital agreement”?
According to the Family Code, Section 4.001, the “premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. A premarital agreement, must be in writing and signed by both parties and is enforceable without consideration.
What Can A Prenup Do For Me:
• protect you from assuming the debts of the other party;
• protect your assets;
• clarify financial rights and responsibilities during a marriage;
• determine how property will be passed upon death; and
• helps to avoid long and costly disputes in the event of divorce.
If you do not get a premarital agreement,
the state of Texas has the Family Law Code, mentioned above, that will determine how property will be handled during marriage and after marriage.
In the event that you do not have a premarital agreement and you get a divorce, your spouse may be entitled to the following:
• the share and receival of ownership of property acquired during the marriage;
• receival of property upon your death;
• share in any debts acquired during the marriage; and
• share in the responsibilities of managing property acquired during the marriage.
A Court’s Role In Premarital Agreements:
When creating a premarital agreement, you must make sure that it is clear, understandable, and justifiable. If a judge determines that your premarital agreement is unfair or does not meet Texas law requirements, the agreement will be set aside. Which is why it is advisable to have a lawyer present when creating a premarital agreement to ensure that you are being treated fairly. Courts are cautious to approve premarital agreements when enforcing a premarital agreement signed by a party that did not have independent legal representation.
Contact The Law Office Of Perkins & Janis
Starting a conversation about a premarital agreement is not always the easiest thing to do. However, not having that conversation can come back to haunt you down the road. Luckily the team at the Law Office of Perkins & Janis is here to help you every step of the way. We are experienced in all types of family law cases and can give you the guidance on how to begin the conversation with your partner. Click here to contact us today. We look forward to working with you.