The prenuptial agreement is one of the most powerful tools for people with substantial assets to protect themselves financially. However, these agreements can—and should—do more than protect the partner with more assets. They should also ensure that the person with fewer financial resources receives a just and fair distribution of property if the parties divorce.
At Towson Law Firm, PLLC, we understand how contentious divorce cases can become. However, many partners will have ongoing relationships, often as co-parents, making peaceful resolutions the goal in most scenarios. Learn more about the impact of prenuptial agreements in a Frisco high-asset divorce today. Our seasoned high-asset divorce attorneys could help with your case.
A prenuptial agreement is a legal contract that two people enter into before their marriage. It outlines the characterization of property and the distribution of assets in the event of a divorce.
Prenups often address issues like identification of property as separate or community, ownership of family-owned businesses, including buy-sell agreements, rights to inheritances or trusts, and spousal support arrangements. By addressing these matters upfront, these agreements can reduce the likelihood of disputes during a divorce.
For a prenup to hold up in court, it has to meet specific requirements under Texas law. It must be:
The court will not uphold the agreement if the provisions are so one-sided that enforcing them would be fundamentally unfair. Determining whether a prenup is valid helps reveal whether it will impact a high-asset divorce in Frisco.
Texas courts will not enforce lifestyle clauses in prenuptials, such as one partner trying to control the other’s appearance in any way. These clauses will try to limit weight gain, dictate plastic surgery, hair color, exercise, or other conditions, and tie that to asset distribution in a divorce.
A court may find these clauses unconscionable, and adding them to a prenuptial agreement could result in the rejection of the entire document.
The concept of fairness is not just a legal requirement; it is also essential for the emotional well-being of both parties when considering the role and impact of prenups in Frisco high-asset divorces. An agreement should never leave one party destitute or create financial dependency, forcing one partner to stay in a marriage even if it is not healthy or good.
The more unreasonable a prenuptial agreement is, the more vulnerable it is to challenges. Courts may have a problem with these documents when one party fails to disclose all financial information before the agreement, when the agreement was signed under duress, or when the terms are unconscionable.
The purpose and impact of prenuptial agreements in a Frisco high-asset divorce should be to reduce conflict during the proceedings. However, in some cases, they can increase emotions by making one spouse feel undervalued for their contributions during the marriage.
At Towson Law Firm, PLLC, we believe it is possible to address feelings of inequity while also providing reliable legal advice about the validity of a prenuptial agreement. To discuss your situation, schedule a consultation with a reliable divorce attorney today.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
