A prenuptial agreement is a legal document that allows partners to establish terms regarding property, debts, and other financial issues before they marry. Tackling these issues before marriage is one way to reduce conflict.

An experienced lawyer can help you with creating a prenuptial agreement in Frisco, ensuring that it complies with state law and protects your interests. Call Towson Law Firm, PLLC, today to speak with a highly skilled prenup agreement attorney.

What Is a Prenuptial Agreement?

A prenup is a contract between prospective spouses setting forth their rights and obligations regarding financial matters during the marriage or in the event of divorce or death. These agreements can cover a range of topics, including the following:

By defining these terms in advance, couples can minimize disputes and uncertainty, ensuring a more predictable financial future.

Prenup Requirements

Couples must meet the requirements outlined in Texas Family Code § 4.002. They must be in writing—Texas will not enforce verbal prenups. They must be voluntary—if a party shows that they entered the agreement because of coercion, fraud, or duress, the court can find the agreement invalid.

Both parties must provide a complete and fair disclosure of their financial situation, including assets, income, and debts. The terms cannot have been unconscionable when they were signed. Finally, both parties must sign it. Omitting those requirements while creating a prenup in Frisco can lead to an invalid agreement.

Steps to Create a Prenuptial Agreement

The first and most crucial step is to discuss the need for a prenup with the other partner. Both future spouses can feel comfortable with the process by openly discussing financial goals, concerns, and expectations.

When creating a prenup in Frisco, both parties should hire an attorney to represent their interests. While one lawyer may draft the document, each party should have a marital agreements attorney to negotiate, agree to terms, and review the document before signing it.

Each partner must make a comprehensive list of their assets, liabilities, income, and expenses, such as:

  • Bank accounts
  • Retirement accounts
  • Real estate holdings
  • Investments
  • Business interests
  • Personal property
  • Debts

Once partners completely understand each other’s financial situation, they are better positioned to begin negotiating.

While each attorney will look out for their client’s interests, lawyers must also ensure the agreement is fair. This is ethical and helps ensure that the prenup will be enforceable in the future.

Issues that couples should consider include:

  • Designation of separate and marital property
  • Spousal support
  • Financial responsibilities during the marriage
  • Protection of family businesses or professional practices
  • Estate planning considerations

Once the couple has agreed on the terms of the agreement, the attorneys will draft it. Usually, one lawyer drafts the agreement for the other to review, revise, or approve. When both parties agree that the document accurately reflects the terms of their agreement, they can sign it.

Talk to a Lawyer About Creating a Prenuptial Agreement in Frisco

Prenuptial agreements can benefit both spouses, but some risks are involved in creating a prenuptial agreement in Frisco.

Both future spouses should seek the help of a seasoned family law attorney during the process. Lawyers provide legal advice, negotiate, ensure enforceability, and draft or approve agreements. Schedule a consultation to learn more.

Meet Matt Towson

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.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson