Protecting Your Family's Future
 

Do You Have a Valid Prenuptial Agreement?

PrenuptialAgreementIf you are considering getting married and you’re bringing substantial assets into the marriage, or you have children from a prior marriage and want to protect their rights to assets, you may want to consider preparing and executing a prenuptial agreement. There are circumstances, though, that can invalidate a prenuptial agreement, even if it seems clear that you came to terms. Here are some things to avoid, so that your prenup protects your interests.

  • Get it in writing—Some oral contracts are enforceable—as a general rule, a prenuptial agreement is not one of them. If you want to enforce a prenup in court, it must be in writing.
  • Take your time—Most courts will be disinclined to honor a prenuptial agreement if the parties did not have sufficient time to understand its impact and make an educated decision. Don’t ask your intended to sign a prenup as you’re walking into the church or the justice of the peace. Make certain there’s adequate time to consider the document.
  • Avoid unnecessary pressure—If it appears that you coerced your spouse to enter into the agreement, the court may throw it out. A prenuptial agreement is a contract and one of the essential elements of a valid and enforceable contract is that both parties willingly entered into the agreement.
  • Don’t lie or misrepresent—If one of the parties signed the agreement based on misrepresentations or misinformation, the court has the power to void the contract. Make certain you are truthful in all representations in the prenup.
  • Have your own legal counsel—It can be tempting to have the prenup drafted by one attorney and then signed by both parties. Unfortunately, if the parties to a contract have different interests (which you will), the same attorney cannot represent and promote the separate interests of both parties.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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