Prenuptial and postnuptial agreements are contracts meant to establish the rights of the couple and can prove to be very useful at the time of property division if a divorce occurs at any point in the future. Texas law clearly outlines what may or may not be included in your prenup or postnup agreement.
Why You Need an Attorney for This Agreement?
The wisest move while setting out to make this agreement would be to hire the services of a seasoned family law attorney in Austin. Your lawyer will ensure that the agreement’s contents are in sync with the law and it does not get invalidated. At the same time, your lawyer will guide you about the terms of the agreement and ensure that your rights remain fully protected.
It is important to understand that the statutes pertaining to prenuptial and postnuptial agreements in Texas contain very specific and detailed language. Their literal and legal interpretation can be best handled by an experienced and knowledgeable Austin divorce attorney. If you are not very familiar with Texas laws, or not comfortable interpreting the rules on your own, you should hire a lawyer.
Need for Independent Legal Advice
Many couples wonder that when they are amicably entering into a prenup or postnup, why they should seek independent legal advice from separate lawyers. The fact is that the family court in Texas will closely scrutinize the agreement at the time of property division in the event of a divorce.
To ensure that your prenuptial or postnuptial agreement stands the scrutiny of the court, it is best to have independent Austin divorce lawyers provide legal advice to you and your spouse for drafting the appropriate document. The same attorney should not be representing both you and your spouse for the purpose of negotiating or drafting this agreement.
If only one of the parties hires an attorney for a prenup or postnup, and you approach the court later for a divorce-related property division based on that agreement, the judge might deem it problematic. If the court finds that either party has signed the agreement without comprehending its risks and benefits, they could reject it during divorce proceedings.
If both you and your spouse have had a fair opportunity to receive independent legal advice related to the terms of your prenuptial or postnuptial agreement, it will improve the chances that the court finds it a valid agreement.
Discuss With Your Spouse
You and your spouse should have open communication about going ahead with a prenup or postnup agreement and should discuss the terms you want (or do not want) as frankly and transparently as possible. Once you achieve basic clarity with your spouse on this matter, your lawyers will assist you by formulating the desired points of emphasis via the adequate legal documents that are recognized by the court as a valid contract.
The discussions related to these agreements do not have to be contentious, but at the same time, the prenuptial agreement is one of the most critical documents you may sign in your marital relationship. Therefore, it makes sense to meet with a competent lawyer before you act.
Speak to an Experienced Prenup and Postnup Lawyer in Austin, TX Today
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