Marital Agreements Lawyer Serving League City
Getting married in League City or elsewhere in Texas does not usually include plans to get divorced. Yet statistics suggest that a high percentage of marriages do result in divorce filings. Indeed, according to the Centers for Disease Control and Prevention (CDC), there were a total of 630,505 divorces in the U.S. in 2020 with a population of 274,190,425. In 2020, Texas had a divorce rate of 1.5 per 1,000 population, which places the state at a lower rate of divorce than other states while still registering a significant number of divorces. Given that divorce is more common than most people think, it is smart and reasonable to consider a marital agreement.
To be clear, entering into a marital agreement does not mean that you are expecting to get divorced, or that you are anticipating problems with your marriage. Rather, entering into a prenuptial or post-marital agreement means that you are a thoughtful and rational person who wants to have some certainty about the future. At the Law Offices of Tad Nelson & Associates, an experienced League City marital agreements attorney can speak with you today about your circumstances and can discuss drafting and reviewing the prenuptial or post-marital agreement for you.
We Help People With Both Prenups and Postnups in League City, Texas
The Law Offices of Tad Nelson & Associates provides a comprehensive range of family law services in League City, Texas. We have the professional expertise to assist clients with both prenuptial agreements and postnuptial agreements. Among other things, our League City family lawyers assist individuals with the drafting, negotiation, and review of both types of marital agreements. We understand the importance of protecting our clients’ assets and interests, whether before or after marriage. Our firm provides personalized attention and guidance to ensure that each agreement is tailored to meet the unique needs of our clients.
Do I Need a Prenuptial or Post-Marital Agreement in League City?
There are many misconceptions about prenuptial and post-marital agreements, including the common myth that these types of agreements are only for wealthy people. While marital agreements certainly have many benefits for wealthy individuals who enter into marriages or are currently married, both prenuptial and post-marital agreements can benefit almost anyone. Indeed, regardless of your current socioeconomic status, a marital agreement can help to give you peace of mind and to provide you with security about your financial future.
Divorce does not discriminate, and people of all social and economic backgrounds file for divorce in Texas on a regular basis. As such, it is essential to be prepared. Even if your marriage lasts a lifetime, you certainly will not lose anything by working with a marital agreements attorney in League City on a prenuptial or post-marital agreement.
How Do Pre- and Post-Marital Agreements Work in League City, Texas?
Whether you are getting married soon and are considering a prenuptial agreement, or you are currently married and are considering a post-marital agreement, it is important to learn more about how these types of agreements work in Texas. Under Chapter 4 of the Texas Family Code, both prenuptial and post-marital agreements can be enforceable as long as they are signed by both parties and in writing, and as long as they meet other requirements set forth by Texas law.
In a premarital or a post-marital agreement, the spouses can reach an agreement about a wide range of issues, including how certain financial decisions will be made during the marriage. In addition, these agreements can, importantly, make clear how assets and debts will be distributed in the event of divorce and whether certain assets or debts will be excluded from any division of community property. Then, when one of the parties files for divorce, the court can consider the terms of the agreement as long as it is enforceable.
What Should Go Into a League City Prenuptial Agreement
The Texas Family Code expressly cites all of the following as matters that can be included in a marital agreement:
- Rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- Right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- Disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- Modification or elimination of spousal support;
- Making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- Ownership rights in and disposition of the death benefit from a life insurance policy;
- Choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
What Cannot Be Included In a League City Prenuptial Agreement
Certain issues cannot be included in a marital agreement, such as:
- Any decision or agreement concerning child support;
- Agreements that are unconscionable; and
- Agreements concerning illegal behavior.
Is My Pre- or Post-Marital Agreement Enforceable If I File for Divorce in League City?
What makes a premarital agreement or a post-marital agreement unenforceable in League City? The Texas Family Code explains that, if certain conditions exist, then a marital agreement will be unenforceable. The law says that the following are reasons that the court will not enforce an existing agreement:
- One of the parties did not voluntarily sign the agreement;
- Agreement was unconscionable when it was signed either because one of the parties did not have a fair and reasonable disclosure of the other party’s property or financial obligations and did not expressly waive rights to those disclosures, and that party did not have adequate knowledge of the other party’s financial circumstances (and could not have reasonably known based on the circumstances); or
- Marriage is determined to be void.
Marital Agreements in Texas: Frequently Asked Questions (FAQs)
What is the Difference Between a Prenup and a Postnup?
The only material difference between a prenuptial agreement and a postnuptial agreement is when the contract is signed. A prenuptial agreement is entered into by a couple before they get married. In contrast, a postnuptial agreement is entered into after the couple is already married.
Are Marital Agreements Only for Wealthy People?
No. While it is true that a prenup or a postnup could be especially important for high net worth people, a marital agreement can be beneficial for individuals of any financial background. No matter your specific circumstances, this type of family law agreement can be used to protect assets, clarify financial responsibilities, and plan for the distribution of property in the event of divorce or death.
What Happens If a Marital Agreement Contains Unenforceable Language?
It depends. Unenforceable terms can include provisions that are illegal, violate public policy, or are unconscionable (unfair or one-sided). For example, a provision that attempts to “pre-decide” child custody in a divorce would be unenforceable in Texas. If a court determines that a term in the prenup is unenforceable, it may only void that specific provision and not the entire agreement. However, it could also conclude that the unenforceable term is so central that it must be thrown out.
Why You Can Rely On League City, TX Family Lawyer Tad Nelson
Marital agreements are complicated. Whether you are trying to determine if a prenup or postnup is right for you or you are in the process of negotiating an agreement, professional representation can make the difference. At the Law Offices of Tad Nelson & Associates, we go above and beyond to protect our clients. Among other things, our League City family law attorneys are prepared to:
- Listen to your story and answer your questions about marital agreements;
- Help gather all relevant documents, records, and information;
- Draft, negotiate, and review a proposed prenuptial or postnuptial agreement; and
- Develop a personalized legal strategy to protect your rights and your interests.
A one-size-fits-all solution is not good enough for a marital agreement. A prenup or a postnup should not be a formulaic contract. In Texas, it is crucial that your marital agreement is customized to meet your unique needs. With testimonials from clients across a wide range of family law cases, you can rely on our League City marital agreement lawyers for personalized legal representation.
Contact a League City Prenuptial and Post-Marital Agreements Attorney Today for Assistance
Do you have questions about how premarital and post-marital agreements work in Texas? Whether you have an upcoming wedding and want to learn more about premarital agreements in the state, or you are already married and want to reach an agreement about financial issues and property with your spouse through a post-marital agreement, our firm can help. One of the experienced League City marital agreements attorneys can evaluate your circumstances today and provide you with more information about drafting a marital agreement, or reviewing and signing an existing agreement. No matter what your family law issues might be, contact the Law Offices of Tad Nelson & Associates online or contact us by phone at (281) 962-7817 to learn more about how we can assist you.
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