Create a Fair and Balanced Premarital Agreement
There are many reasons an engaged couple may elect to create a prenuptial agreement. These types of agreements can define many aspects of the relationship and offer more than simply an insurance policy in the event of a divorce. At The Family Law Firm of Donna J Smiedt in Arlington, TX, we specialize in family law and can walk you through every stage of the process. Donna Smiedt and her team can draw up an agreement which protects separate property, defines the financial responsibility of each spouse, and explains how to distribute property in the event of death. For many couples, a premarital agreement allows them to enter into their marriage with a feeling of security and assurance. If you are interested in creating a prenuptial agreement, contact our office online or call us at (817) 572-9900 today.
What Is a Prenuptial Agreement?
Sometimes referred to as a prenup, a prenuptial agreement is a written contract created before marriage. Typically, these documents contain a list of all the property each individual owns and their rights in the event that the marriage is ended. While premarital agreements are most commonly associated with wealthy couples who wish to protect their assets, these documents serve a variety of functions.
When to Use a Prenup
Texas follows a community property law, meaning anything you or your spouse acquires during the marriage is considered communal. A prenuptial agreement can protect certain assets which would otherwise be considered community property and governed by marital property laws. There are many reasons to use a premarital agreement, such as to:
- Protect one party from the debts of the other
- Determine how property is distributed after death
- Maintain specific assets as separate property, such as a family business
- Simplify property division in the case of a divorce
In a prenuptial agreement, you can also clarify the financial responsibilities of each party throughout the course of a marriage. For example, some couples agree before marriage that one spouse will quit their job to look after the children. In the premarital agreement, they can include clauses which protect the financial security of that spouse throughout the marriage. Our team can help you and your spouse discuss the terms of your prenup in a fair, balanced, and healthy manner so you can draft a mutually beneficial agreement.
Limits of a Premarital Agreement
Under the Texas Family Code, there are certain limitations in place for prenups. Your agreement cannot:
- Waive a future spouse’s right to benefits
- Convert separate property to community property
- Contain provisions which violate public policy
- Limit child support
A judge may disregard your prenuptial agreement if it contains any of these clauses or they believe it is unconscionable. In addition, both parties must sign the agreement voluntarily for the document to stand in court.
How We Can Help
Deciding to create a prenuptial agreement is often a difficult decision and should not be entered into lightly. For most couples, the time leading up to their wedding is an exciting and joyful time and you may worry that asking for a premarital agreement will negatively affect your relationship.
We believe that, with our help, drafting a prenuptial agreement can strengthen your relationship and build a strong base for a lasting marriage.
Our team at The Family Law Firm of Donna J Smiedt understands the stresses associated with prenups and can walk you through the process. We believe that, with our help, drafting a prenuptial agreement can strengthen your relationship and help you and your future spouse build a strong base for a lasting marriage. We provide premarital mediation services to help you do so. In addition, we can review a prenuptial agreement drafted by another attorney to ensure the document protects your best interests.
Get Started Today
If you are considering a prenup, contact our office online or call (817) 572-9900 to speak with a member of our team today. We can also help with post-marital agreements for married couples who wish to rework existing conditions or draft a new document.