Prenuptial Agreements

Plano Prenuptial Agreement Attorney

Lawyer for Prenups and Postnups in Collin County & Dallas County

For most people, getting married is a momentous life experience and a symbol of the commitment of love and support for their partner. In the midst of all of the emotions surrounding marriage and the early years of a relationship, it can be easy to overlook the financial implications of the union.

Unfortunately, this can lead to difficult consequences later on. Creating a prenuptial or postnuptial agreement can help you and your spouse address the financial aspects of your marriage and prevent future hardship.

Throughout our 12 years of experience representing divorce and family law clients, the team at the Law Office of Brian Bagley has seen all of the ways that financial disagreements can hurt a marriage and complicate the Texas divorce process. We can help you make things easier by proactively creating a prenup or postnup that clarifies your rights to property and assets both during your marriage and in the event of a divorce.

Discuss the details of your case with our Plano prenuptial agreement attorney in a confidential consultation. You can reach us by email message or at (972) 843-7158 to schedule an appointment.

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Understanding Prenuptial & Postnuptial Agreements in Texas

The Texas Family Code allows couples who intend to marry to enter into a prenuptial agreement that addresses many issues related to the partners' property, assets, and debts.

Some of the items you can include in a prenup are:

Designations of assets and debts that will remain separate upon your marriage
Each partner's rights to use, manage, or engage in transactions regarding separate and community property during the marriage
Provisions for the division of property in the event of a divorce or either partner's death
Provisions for spousal support in the event of a divorce
Ownership rights to a life insurance policy's death benefit both during the marriage and in the event of a divorce
Provisions for creating or updating a will or trust to enforce the terms of the agreement

Provisions for spousal support in the event of a divorce
Ownership rights to a life insurance policy's death benefit both during the marriage and in the event of a divorce
Provisions for creating or updating a will or trust to enforce the terms of the agreement

During your marriage, you also have the option to create a postnuptial agreement, sometimes referred to as a marital property agreement. A postnup can address many of the same issues as a prenup. This makes it a good option if you realize after marrying that such an agreement would be beneficial, or if you and your spouse experience a major financial change.

Texas law mentions a few specific reasons for creating a postnup, including converting community property to separate property and vice versa or determining ownership of income from separate property during the marriage.

For a prenup or postnup to be legally enforceable in Texas, it must be in writing and willingly signed by both parties. It is important to be sure that you have all of the information you need about your partner's finances before finalizing the agreement, and it is a good idea to have your attorney review the agreement before you sign.

You can reach us by email message or at (972) 843-7158 to schedule an appointment wit a prenup lawyer near you.

Texas Prenuptial Agreement FAQ

Do I need a prenuptial agreement if I'm not wealthy?

While prenuptial agreements are commonly associated with wealthier individuals, they can benefit couples of all income levels. A prenup can provide clarity and protection, addressing issues such as debt division, spousal support, and inheritance rights, regardless of financial status.

How can a prenuptial agreement benefit me?

A prenuptial agreement can offer various benefits, including asset protection, clarification of financial expectations, and preservation of family assets or business interests. It can also help minimize conflicts and costly legal battles in the event of divorce.

Can a prenuptial agreement be contested in court?

While prenuptial agreements are legally binding documents, they can be contested under certain circumstances. Common reasons for contesting a prenup include coercion, fraud, or failure to disclose assets. It's essential to work with a qualified attorney to ensure your prenuptial agreement is drafted properly and stands up to potential challenges.

When should I start discussing a prenuptial agreement with my partner?

It's advisable to start discussing a prenuptial agreement well in advance of your wedding date to allow ample time for negotiation and drafting. Bringing up the topic early in your relationship demonstrates transparency and allows both parties to fully understand and consider the implications.

Do we both need separate lawyers to create a prenuptial agreement?

While it's not required for each party to have their own lawyer, it's highly recommended. Each party having independent legal representation ensures that their interests are adequately represented and helps prevent conflicts of interest.

How much does it cost to create a prenuptial agreement?

The cost of creating a prenuptial agreement varies depending on factors such as the complexity of your financial situation, the extent of legal representation needed, and your location. At the Law Office of Brian Bagley, we offer transparent pricing and can provide a personalized quote during your initial consultation.

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