Fort Worth Prenuptial and Postnuptial Agreement Lawyer

Prenuptial and postnuptial agreements are contracts that couples enter into to stipulate how separate and community property will be dealt with in the event of a divorce or the death of one or both of the parties. A prenuptial or postnuptial contract, formally referenced as premarital agreements and partition/exchange agreements in Texas, can also address spousal support and alimony, among many other financial concerns.

If you’re searching for a prenuptial or postnuptial lawyer near me and you live in the Dallas / Fort Worth area, a prenuptial agreement lawyer or postnuptial lawyer at the Sisemore Law Firm in Fort Worth would be happy to discuss your concerns and review the options available to you.

Common reasons people consult a postnuptial or prenuptial attorney in Fort Worth

At Sisemore Law Firm, P.C., in Fort Worth, we recognize how important it is for people to feel that their assets are safe in the event of a dissolution of marriage and have peace of mind knowing that some difficult and important decisions are behind them. You may want to speak with a postnuptial or prenuptial agreement lawyer if you want to:

Protect a sizable estate, inheritance or other assets

If you have a large estate, recently received a large inheritance or have other personal assets you wish to safeguard, a prenuptial agreement (prenup) or postnuptial agreement (postnup) can be a helpful tool. These agreements can be used to establish what assets will be preserved as separate property and not considered community property in the event of divorce.

Other assets that can be protected in post- and prenuptial agreements include retirement plans, pensions, real estate and professional practices or family businesses. These agreements allow you to clarify your wishes up front and avoid confusion should you and your spouse decide to part ways.

Pre-establish financial settlements

A pre- or postnuptial agreement may also be used to limit the amount of spousal maintenance that a spouse would be required to pay if a marriage ends in divorce. Prenups and postnups may also be used to ensure a spouse receives a defined financial settlement, spousal support and/or reimbursement of legal fees due to divorce.

These are all issues that, in the event of divorce, would have to be addressed at an emotional time. Prenuptial and postnuptial agreements allow you to work through those issues and come to a resolution before or during your marriage, rather than during a divorce where your heart and your head may be going in different directions.

Reasons to consult a postnuptial agreement lawyer in Fort Worth during marriage

One of the main reasons people get a postnuptial agreement (also known as post-marital agreement or partition/exchange agreement) is to minimize the financial risks and potential loss of property and/or assets due to actions taken by the other party during marriage. For people who feel insecure in their marriages—financially and/or emotionally—a postnuptial agreement can help put your mind at ease. You may want to consider a postnup if you are concerned about:

Breaches in trust

Spouses often seek the guidance of a postnuptial agreement lawyer when the other party has done something that breaches their trust. This may occur in instances where substance abuse becomes an ongoing problem, one of the parties has an extramarital affair or a gambling addiction threatens the couple’s financial security.

Other questionable financial decisions

When people fall in love and get married, they don’t always fully grasp the particulars of their spouse’s financial habits, like racking up credit card debt or making risky investments. Getting a postnuptial agreement can help protect a party from being responsible for their spouse’s debts and poor financial decisions.

A postnuptial or prenuptial attorney in Fort Worth can also help address business concerns

There are various reasons couples get prenuptial and postnuptial agreements when business interests are involved. Say one spouse is primarily responsible for founding and running a business. They could get a prenup or postnup to partition and exchange the business from community property to separate property, in order to retain future business profits and income.

Prenups and postnups can also be used to clarify who will benefit from and/or be responsible for debts pertaining to business concerns. For example, if one party is making business decisions that the other party fears will put the couple’s community estate at risk, a prenuptial or postnuptial contract could allow for the partition and exchange of that business to designate it as separate property.

Legally designating the business as separate property would mean the one party would be solely responsible for any debts related to that business, thereby minimizing financial risk for the other party.

A post- or prenuptial lawyer in Fort Worth, TX can also help you protect financial interests of children

If you want to ensure your children (and grandchildren) from a previous marriage or relationship receive an inheritance upon your death, a prenup or postnup lawyer can explain the legal options available to you via a prenuptial or postnuptial agreement. You can also use these agreements to clarify who the beneficiaries of any life insurance policies would be in the event of your death.

It’s important to note that the state of Texas does NOT allow married couples to address issues pertaining to child support or child custody in a premarital or postnuptial agreement. Child custody and how much is child support in Texas would need to be addressed in conjunction with a divorce case or modification and ensure the best interests of the child are prioritized.

Are prenuptial and postnuptial agreements legally binding in Texas?

Prenuptial and postnuptial agreements are considered legal contracts in Texas, as long as they are drafted properly and meet specific conditions required by the state. That’s why it’s so important to hire an experienced pre- or postnuptial agreement lawyer to help you draft and file your agreement in accordance with Texas law. In order for a pre- or postnuptial agreement to be binding and enforceable in Texas, the agreement must:

• Be put in writing.
• Be signed by both parties and done so voluntarily.
• Not be signed under the duress of either party.
• Not contain fraudulent information.
• Include full disclosure of all assets and debts.

It is also strongly encouraged that licensed attorneys represent each party. Keep in mind that parties are not generally allowed to share the same counsel in these types of matters, no matter how amicable the parties may be about formalizing a premarital or partition-exchange agreement.

Texas courts will scrutinize prenups and postnups to ensure fairness

In Texas, the courts will consider the question of consideration when it comes to conscionability, meaning, would a reasonable person deem the agreement to be fair? For example, a court may find a postnuptial agreement to be unconscionable if it prevents a party who is incapacitated or unable to make financial decisions from receiving spousal support because it lacks consideration.

Remedies may be imposed when parties lie or withhold information

If one party withheld information about the value of property or certain assets, the court would have the discretion to remedy that situation, regardless of what the prenuptial or postnuptial agreement states. In addition, Texas courts also maintain the discretion to order temporary support in order to preserve the safety and welfare of children, as well as the livelihood of the parties while a case is pending.

Other things to keep in mind regarding prenuptial and postnuptial agreements

Our Fort Worth family law firm has helped thousands of clients draft and execute prenups and postnups over the years. We like to share the following advice when clients ask us about these agreements.

DIY-ing a prenup or postnup can put you at risk

While you can find DIY pre- and postnuptial agreement forms online, it’s generally best to hire a prenuptial or postnuptial agreement lawyer to help ensure your agreement is drafted properly and meets the requirements to deem it enforceable in Texas.

Don’t share a lawyer with the other party

As stated above, it’s highly recommended that both parties retain their own separate attorneys to represent them when pursuing a premarital agreement or a postmarital agreement. Retaining separate counsel helps ensure each party’s needs and desires are met, and neither party is losing perceived bargaining power.

That’s not to say pre- and postnuptial agreements can’t be written so they are more one-sided. We often see parties agree to a postnup that favors one side over the other when trust has been breached, and the spouse who has breached trust desperately wants to save his or her marriage.

Be practical and mindful of self-preservation

While asking your spouse to get a postnup or prenuptial agreement may be difficult, the topic often comes up out of necessity. For example, if you’re in a marriage where trust has been compromised or money or assets are changing hands without your consent, a postnuptial agreement may be the best option for you.

It’s important to take a practical approach and think about self-preservation when you find yourself in a situation where someone is willing to break their vow of marriage or put your community estate at risk by doing things that are financially irresponsible.

This is especially true if you have children or don’t have a viable way to support yourself. On the other hand, if you are the party at fault, getting a postnuptial agreement may be a good first step toward rebuilding trust and saving your marriage.

Contact us to speak with a prenuptial or postnuptial agreement lawyer today

If you live in the Dallas / Fort Worth area, an experienced prenuptial or postnuptial agreement attorney at the Sisemore Law Firm can listen to your concerns and explain the options available to you via a pre- or postnuptial contract. Our experienced family law attorneys understand the many creative ways spouses can use such agreements to mitigate financial risk and protect their varied interests.

To schedule a confidential consultation with a prenuptial or postnuptial agreement lawyer at our firm, please contact our office at (817) 336-4444 or schedule an appointment online.