Getting married is a big step to take. You’re blending your life with your partner’s, and you want to ensure that you’re both protected. Fortunately, you and your partner can get the protection you need with a prenuptial agreement. The legal term is “premarital agreement,” and it allows you and your soon-to-be-spouse to decide how you will distribute real and personal property if you get divorced or one of you passes away. While that doesn’t sound very romantic, it can actually strengthen your bond since you’ll settle financial matters before getting married.
There are various components involved in the agreement, and you must make sure that it meets all the legal requirements. Thus, contact an Austin premarital agreement lawyer from our firm to begin the process.
You cannot settle child custody or support in your premarital agreement. However, your Austin premarital agreement lawyer can help you decide:
Your Austin premarital agreement lawyer can help you address spousal support when creating the document. You have two options for this, which your lawyer can discuss in greater detail during your strategy session.
First, you can both waive the right to spousal support when creating the agreement. This means that neither person will try to collect support if the marriage ends.
If you don’t want to waive spousal support, you can place limits on it. Once a limit is in place, neither party can try to get more from the other when filing for support.
There are numerous Texas laws and rules to consider when waiving or limiting child support. Thus, contact an Austin premarital agreement lawyer for a strategy session.
Both parties have to be on board to get a premarital agreement in Austin. Thus, you’ll need to broach the topic with your spouse before meeting with an attorney. Open up discussions about a premarital agreement when there’s still ample time before the marriage. That way, you and your significant other will have time to discuss it fully.
Explain that all marriages end either through death or divorce. Thus, you’re not anticipating a divorce when creating an agreement. Instead, you’re preparing for the future.
Then, be open and honest when going over your wishes and needs. You can also explain that premarital agreements benefit both parties. In fact, the party with fewer assets can use a premarital agreement to ensure he or she is taken care of if the marriage ends or the other person passes away.
After discussing it, talk about seeing an Austin premarital agreement lawyer. Then, you, your significant other, and the attorney can work on the agreement. Through teamwork, everyone’s needs will be met.
Premarital agreements provide numerous benefits that shouldn’t be overlooked. First, they allow both parties to protect their assets and property while also ensuring no one takes on more than his or her fair share of the debt. A premarital agreement also allows you to provide for your kids from previous relationships while also protecting your family’s assets and business interests if applicable. Additionally, the agreement will protect you against future financial disputes. Instead of having to battle it out in court, everything will already be decided, so you can take care of other matters related to losing a spouse or going through a divorce.
You cannot create a premarital agreement if you’ve already tied the knot. However, you and your spouse can go to an attorney for a postmarital agreement. It is commonly referred to as a postnuptial agreement, and it will allow you to settle financial matters in case of death or divorce. Premarital and postmarital agreements are very similar, so it’s not too late to protect yourself and your assets. As long as your spouse consents to the agreement, you can move forward with help from a lawyer.
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Kimbrough Legal, PLLC
1777 NE Loop 410 Ste 600
San Antonio, TX 78217
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