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Drafting A Prenup Or Postnup Agreement In Brazoria County

A properly drafted prenuptial agreement can protect your individual property rights and provide directives for property division in the event of a divorce. At Jeff Gilbert Law Office, our prenuptial agreement lawyers in Brazoria County draft enforceable documents that withstand Texas’ stringent legal requirements.

Should I Get A Prenup In Texas?

Nearly anyone can benefit from the peace of mind offered by prenuptial agreements. Our team takes the time to talk to you about your specific situation and moves forward to protect your rights. While certainly no
person is planning a marriage and expecting to divorce in the future, life can take a different turn. Prenuptial agreements are effective in determining alimony (spousal support), property division and other
divorce issues.

Secure your marriage by speaking with a lawyer about a prenuptial agreement or postnuptial agreement. Set up an appointment by calling us today at 979-431-1268.

How To Create A Prenuptial Agreement In Texas

A valid prenuptial agreement must be in accordance with the Uniform Premarital Agreement Act to be legally enforceable. The following is required for prenups:

  • Full disclosure of assets, debts, and liabilities. Without complete transparency, a judge can void your prenup.
  • It must also be drafted well before the wedding date, as it can be considered void if one of the spouses felt pressured to sign.
  • It does not have to be supported by consideration
  • The terms of the agreement must be fair for both sides, as a judge can void the prenup if it looks lopsided
  • Must not been drafted while either spouse was under duress
  • If one party has hired an attorney to help them draft their side of the agreement, and the other party declines legal representation, then he or she will have to include a clause in the prenup waiving their rights.

It is of paramount importance for each party to retain his or her own legal counsel to draft and review the agreement before finalizing the document.

Reasons To Get A Prenuptial Agreement In Texas

It may not seem like the most loving gesture, but because marriage leaves you vulnerable to certain liabilities, there is a good reason to consider one.

You may want to consider a prenuptial agreement if any of the following apply to you:

  • You want to protect your individual or separate property from becoming
    community property
  • You have children from a previous marriage and have property intended for
    those children
  • You want to be protected from any of your spouse’s debts
  • You have an inheritance
  • You have a family business

What Issues Can A Prenup Cover?

A prenuptial agreement in Texas cannot determine child support or custody. However, there are many issues that it does cover:

  • The obligations of each spouse regarding property
  • The rights to a certain benefit of a life insurance policy
  • The amount of alimony
  • The rights of each spouse regarding asset division
  • Will, trust or other estate planning matters
  • Provisions that outline the consequences of adultery
  • Which jurisdiction laws that will be used to interpret the agreement, as
    well as where the legal proceedings will be held

Depending on your circumstances, you may have additional options not listed here. Call our office today to learn more about how a prenup in Texas can help provide peace of mind.

Can You Get A Prenup After Marriage?

For couples who wish to create a prenuptial agreement after being married, they must resort to a postnuptial agreement. Keep in mind, that the longer the marriage lasts, the more intertwined the couple’s finances become. That said, marital agreements range in complexity, which is why having an attorney guiding you is so important.

Let An Attorney Help You Draft A Professional Prenup

To ensure one of the most important contracts you’ll ever sign is done properly, speak with an experienced premarital agreement attorney in Brazoria County, Texas. Jeff Gilbert Law Office drafts sound, enforceable prenuptial agreements that stand up in a court of law.

Set up a consultation with a premarital agreement lawyer today by calling 979-431-1268 to learn how you can protect yourself and your individual assets. We are eager to help you.