Prenuptial agreements allow couples to agree on matters like property division when they decide to end their marriage. They are usually utilized if the parties have a considerable income or difference. When a party with fewer assets signs a prenuptial agreement, they agree to leave the marriage without claiming their spouse’s assets during a divorce. If you wonder if this type of agreement will leave you in a challenging position someday, speak with a family attorney for a prenuptial agreement to get the necessary information. Under certain circumstances, a family court won’t enforce a prenup; however, you may need a lawyer’s knowledge to make this happen. Family courts in Texas won’t enforce a prenuptial agreement if they find proof of:
Coercion or Duress
A prenup is only valid if it’s entered into voluntarily. Coercion and duress can happen not only when you are held at gunpoint and forced to sign a prenup. Different threats, like legal or economic threats, will also invalidate a prenuptial agreement. Prenuptial agreements signed shortly before a wedding may not be enforced as this can indicate the presence of coercion.
Dishonesty
Prospective spouses must fully disclose their assets and debts before they sign a prenuptial agreement. If a spouse hides property, money, or debt, the other spouse cannot decide about entering into the contract. The court may not enforce this agreement.
Unconscionability
If signing a prenuptial agreement would leave a spouse unable to support themselves following a divorce, the court may find this agreement extremely unfair. Also, a prenup that is in the favor of one party may not be enforced as the court will see this as a result of coercion.
Delayed Signing
A prenuptial agreement needs to be signed before marriage. It may be invalid if a couple gets too busy and fails to sign the agreement after marriage. In Texas, postnuptial agreements are recognized. Depending on the content of a prenup, it may be saved as a postnuptial agreement. However, the majority of prenuptial agreements wouldn’t qualify as postnuptial agreements.
Badly Written Document
As a contract, a prenuptial agreement must be written correctly. Under the law, contacts with vague language can be interpreted. However, this may make the contract less enforceable than one party wants. This means more litigation and letting a judge or jury interpret the prenuptial agreement as they believe it must have been written. This makes it essential to have a prenup reviewed by an attorney.
