Prenuptial agreement rights in The Colony exist to protect both parties in the contract. For instance, each party has a right to have a lawyer present when drafting and signing a prenup. You do not need to accept the first draft presented to you by your intended spouse, and you should retain an attorney to help read and understand this document.
It is also vital that other parties witness a prenuptial agreement. This helps ensure that neither spouse is under duress when signing it and that both are sober and of sound mind. To learn more about drafting this marital agreement and your rights in the process, call an experienced prenup attorney today.
In the “community property” state of Texas, all money and assets generated during a marriage are owned equally by both parties. The same can be said of all debts.
In some households, for example, a primary “breadwinner” earns most of the income, while the other party stays home to raise children and do the “homemaking.” In the event of a divorce between this couple, the court will normally split all assets and debts evenly between the parties. However, with a well-written prenuptial agreement, certain debts or assets can belong to one party, even if they were generated during the marriage.
Inheritances are often discussed in prenuptial agreements, too. Sometimes, one spouse stands to inherit a large sum. Usually, that money will belong only to the party who inherited it. However, couples can make plans with prenuptial agreements that are different from what the law usually allows.
Prenuptial agreements may have the stigma that they are only used by wealthy families or between spouses with a significant age gap. This is untrue. Any couple planning to build wealth, have children, or launch a business has the right to participate in a marital contract.
Many couples, as parents or prospective parents, choose to discuss child-rearing points in their marital agreements. Texas law tends to split custody and financial support evenly in most cases. So, if one party travels frequently for work, does the bulk of the child care, or plans to homeschool the children, it is wise to plan out these points in advance.
One party may plan to pay more child support with the expectation that the other will be able to stay home and continue to raise the children. Or, both parents expect to work full time, in which case custody plans can be outlined.
Anyone considering a prenuptial agreement should retain a lawyer in The Colony who can inform them of their rights.
Your prenuptial agreement rights in The Colony include the right to have your own lawyer at hand when reading and signing a “prenup.” Your marital agreement is a significant contract that will affect the lives of your entire family, including your children and future in-laws.
By creating a plan that allows for issues like the death of a spouse or a divorce, you can be sure you and your children get the treatment you deserve. Contact the experienced team of family law attorneys at Towson Law Firm, PLLC, to schedule your complimentary consultation and get started.
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.
