San Antonio Prenuptial Agreements Lawyer

Couples hope their marriage will last forever and remain joyful and romantic throughout, but sometimes that is not the case. In the event of a divorce or separation, you will want your assets to be protected. A marital agreements attorney from the team at Kimbrough Family Law could provide guidance on this and explore other considerations, such as joint businesses and property you owned before the marriage.

Prenuptial agreements, also known as premarital agreements, while unromantic, help ensure that you and your partner’s premarital property is accounted for in the event that you do not stay married as long as you hope. There are legal requirements for these contracts, so you should consult a San Antonio prenuptial agreement lawyer before you and your soon-to-be spouse write or sign anything.

Why Do We Need a Prenuptial Agreement?

A prenuptial agreement lets both parties decide in advance how certain assets and debts will be divided in the event of a divorce or separation. Not all couples need this kind of protection. However, if you and your partner have joint assets that could cause additional litigation in the event of a divorce, you may want to discuss what to do ahead of time.

One example is when partners own a business together. If they separate, a prenuptial agreement could help them avoid a lengthy court battle over the business. Prenuptial agreements may also allocate debt, assign certain things as separate property, and ensure fair distribution of marital property.

Our San Antonio legal team could explain what you can and cannot include in your prenuptial agreement. You cannot make any arrangements for child support or custody in your agreement, although sometimes a judge will consider your arrangements if they seem reasonable.

Enforcing a Premarital Agreement

A premarital agreement must meet the requirements under Texas Family Code § 4.002. If the parties do not take all steps to ensure the document is legal, it will not be enforced by state courts. These steps include:

• The prenuptial agreement must be in writing and signed by both parties
• Both parties must provide accurate financial disclosures to one another before signing
• Parties may waive the disclosure, but that waiver must be in writing as well
• The prenuptial agreement must be voluntary, and courts consider the circumstances when assessing voluntariness
• Both parties must have the opportunity to consult an independent attorney before signing
• The terms must be fair and equal for both sides, and judges will invalidate contracts that are grossly unfair or unconscionable

In general, a prenuptial agreement is like any other legal document. If one party receives the document the morning of the wedding, or if the terms are clearly unfair to one side, it will not be enforced. To ensure you have a valid prenuptial agreement, seek guidance from a knowledgeable family law attorney from our San Antonio team.

Call a San Antonio Lawyer for Legal Advice on Prenuptial Agreements

If you and your partner want to draft an agreement to protect you and your assets, it is important to consult a San Antonio prenuptial agreement lawyer. At Kimbrough Family Law , our attorneys have extensive experience drafting valid premarital agreements that are fair for both parties. If you have received a prenup and want a legal opinion before signing, we could offer our best advice so you can sign with a clear mind. Contact our team today to schedule a consultation.