Pre-Marital And Post-Nuptual Agreements

MARITAL AGREEMENTS ATTORNEY – SERVING DENTON & SURROUNDING AREAS

There are many reasons that you may be considering a pre-marital or post-nuptial agreement. Typically, the heart of the matter is the desire to protect your assets or the interests of your parents or children, things that may indeed be important for you to think about when getting married. Many people assume that such agreements are simply to protect yourself in the event of a divorce, but they go beyond this and provide other protections as well, including limiting both your current and future financial liability and that of your spouse’s.

For those in North Texas, and more specifically Denton, Aubrey, Pilot Point, Sanger, Krum, Carrollton, Flower Mound, Lewisville, Plano, Frisco, Prosper, Celina, Anna, McKinney, Allen, The Colony, Gainesville, Dallas, and surrounding areas who wish to know more about their options with pre-marital and post-nuptial agreements, call Underwood Law Office. Brandi Underwood is a licensed attorney in the state of Texas with ten years of experience practicing Family and Marital Law, and she is a member of the Denton County Bar Association – Family Law Section and the Collin County Bar Association – Family Law Section. If you’d like to discuss your case, contact Brandi to schedule a free consultation at 940.372.0931 or by filling out the online contact form.

Prenuptial Agreements

These are agreements that you sign before the marriage takes place. They must be signed by both parties. They provide each spouse’s assets protection from a number of different liabilities in various situations as individually stipulated by each agreement. The specific assets and type of protection you need will be laid out in the agreement, which Brandi can draft or review for you. If you have questions or wish to know more about the types of protections that a prenuptial agreement provides, call 940.372.0931 or fill out our online contact form.

One of the main protections this agreement can provide you is asset protection in the event of divorce proceedings. A pre-marital agreement can also protect you or your spouse from the liabilities that may arise from the involvement of ex-spouses, children from prior relationships, or other relatives in your lives or from prior or ongoing financial decisions. However, for this protection to be provided, the court must find your agreement legally binding. While you and your future spouse may agree to execute a pre-marital agreement, the legality or enforceability of your agreement will depend, at least in part, on the method used to execute that agreement. In determining whether to enforce a pre-martial agreement, the Court will consider whether both parties had the guidance and instruction of an experienced attorney at the time that the agreement was executed. It is necessary to have an attorney advise each potential spouse on the details, language, meaning, consequences and enforceability of the proposed agreement. The best way to ensure your prenuptial agreement is binding is to hire an experienced family law attorney, who can draft or review the agreement to ensure it is legally binding. Brandi can assist you in preparing or reviewing a proposed pre-marital agreement to ensure that the court supports the enforceability of the agreement should it ever be questioned.

The most common issue that comes up in preparing a premarital agreement is a lack of sufficient time to do so prior the date of the marriage. While clients often expect this to be a quick and simple process since it is agreed upon by both intended spouses, they often overlook the steps necessary to prepare, review and execute such a detailed document. It typically takes at least one month from the beginning of work on a pre-marital agreement to complete the process. Please allow sufficient time to consult with an attorney on the benefits and drawbacks of a pre-marital agreement, prepare the client forms requested by your attorney, allow your attorney to draft the agreement, allow your intended spouse to consult with counsel of their choosing, make any revisions necessary and appear to execute the agreement prior to your wedding date.

Postnuptial Agreements

Unlike a pre-marital agreement, post-nuptial agreements are made after the marriage has taken place. They are versatile, like prenups, and able to provide whatever specific type of liability protection you and your spouse need for your assets. However, post-nuptial agreements may allow some liability for each spouse since community property and debts begin accumulating at the time that the marriage becomes official. If no legal agreement was in place at that time, you and your spouse may have already established assets or debts with title in both your names, making it hard to separate the ownership or liability for those assets. For this reason, if you are interested in entering into a post-nuptial agreement, it is important to do so as quickly as possible after the marriage becomes official. If you are considering signing a post-nuptial agreement and live in Denton, Aubrey, Pilot Point, Sanger, Krum, Carrollton, Flower Mound, Lewisville, Plano, Frisco, Prosper, Celina, Anna, McKinney, Allen, The Colony, Gainesville, Dallas, and surrounding areas, it is in your best interest to contact Brandi to schedule a free consultation at 940.372.0931 or by filling out the online contact form before signing anything.

PROUDLY SERVING NORTH TEXAS

You may have questions about your situation, as every situation is different. Brandi understands this and offers a free initial consultation to help set your mind at ease and provide you some legal guidance from the start. Simply put, when it comes to pre-marital and post-nuptial agreements, you need a good attorney with experience in marital law to get the kind of protection these agreements are supposed to provide. If you are in Denton, Aubrey, Pilot Point, Sanger, Krum, Carrollton, Flower Mound, Lewisville, Plano, Frisco, Prosper, Celina, Anna, McKinney, Allen, The Colony, Gainesville, Dallas, or any of the other surrounding areas, call today to schedule a free consultation with Brandi. There is no cost or obligation. Call today at 940.372.0931 or fill out our online contact form.