Should We Prepare a Prenuptial Agreement Before Our Wedding?By steppsulliva, In DivorceNewsUncategorized, 0 Comments
In Texas, prenuptial agreements are valid, and if they are signed by both parties, they are presumed to be valid.
As a result, if you are a party to a prenuptial agreement, and both spouses have signed that agreement, you will have a high burden to prove that the agreement should not be enforced.
When is a Texas Prenuptial Agreement Unenforceable?
There are only two ways to block the enforcement of a prenuptial agreement.
The first is if the spouses did not sign the agreement voluntarily.
The second is if the agreement was unconscionable, and, before signing the agreement, the spouse was not provided with a fair and reasonable disclosure of the property or financial obligations of the other spouse; did not voluntarily waive the right to such disclosure; and, did not have nor reasonably could have adequate knowledge of the property and financial obligations of the spouse.
The requirement that the agreement is voluntarily entered into does not mean the marriage will not take place unless it is signed. It means did you do so out of your own free will. If there were no misrepresentations, parties were represented by attorneys, and if the spouses were lucid or not being forced into signing the agreement, the agreement is likely to be found to have been voluntarily entered.
The second way to block the enforcement of the agreement is if the agreement is unconscionable. Unconscionable means something that is extremely unfair. The facts of such an argument would be that there is such a great difference in the ages, or maturity level, or educational level, or in the mental acuity, or in the dynamics of the relationship that indicates one spouse is able to draft the agreement in such a way that no reasonable person would consider the agreement to have been entered into an arm’s length.
However, there is a second half to this requirement, and that is that the parties did not disclose all their finances, that the spouse who is attacking the agreement’s enforceability did not know of the state of the finances, nor reasonably could have.
Contact Our Experienced Prenuptial Agreement Lawyers in Houston Today
The lawyers at Stepp and Sullivan are here to help you with any prenuptial or family legal issues you have. Contact us today to learn how we can help you determine what is and is not enforceable about your unique prenuptial agreement. At Stepp & Sullivan, we make it personal. Powerful.