Build A Stronger Marriage: Prenup Help From An Austin Family Law Attorney
Many people believe that prenuptial and postnuptial agreements are only for the wealthy. In reality, these contracts can benefit any couple, regardless of their income level. These marital contracts are designed to help partners establish clear financial expectations, protect individual assets and even strengthen their relationship. As a seasoned family law attorney, I have seen firsthand how these documents help couples from all walks of life in Texas.
When I, Ehren Ezzell, established The Ezzell Group, PLLC, in 2008, I made it my mission to provide compassionate and knowledgeable guidance to individuals and families in Austin as they face life’s most sensitive issues. This principle drives me to help couples create fair and comprehensive marital agreements.
With over 25 years of experience navigating Texas family law, I have developed an approach rooted in understanding each couple’s unique circumstances and crafting documents that protect the interests of both parties. Whether you are planning to marry or have already tied the knot in Travis County or Williamson County, I am here to guide you through the complexities of marital contracts with knowledge and sensitivity.
How Do Prenuptial Agreements And Postnuptial Agreements Differ?
Prenuptial and postnuptial agreements are valuable financial tools in family law, helping couples plan for their future together. While these agreements share similar goals, their main distinction lies in when couples create them and the circumstances surrounding their execution.
Couples enter prenuptial agreements, or “prenups,” before they tie the knot. These agreements help you and your partner outline how you will handle financial matters if your marriage ends. With a prenup in place, you can protect your interests no matter what the future holds for your marriage. This includes decisions about what counts as separate property and even spousal support.
Postnuptial agreements, on the other hand, come into play after you have exchanged vows. Married couples typically use these to clarify financial responsibilities and establish boundaries for community property. If you have accumulated significant assets during your marriage or your financial situation has changed, a postnuptial agreement can help security for your financial future. For instance, you might consider this option if one of you starts a business or receives a large inheritance.
Both types of agreements offer valuable protection and provide clarity about your financial expectations. They can address various aspects of your financial life together, from how you will divide assets to who will take responsibility for debts in case of separation. However, it is essential to note that neither agreement can determine child custody arrangements. Courts always make these decisions based on the child’s best interests at the time of divorce.
When Might A Prenuptial Or Postnuptial Agreement Be Deemed Invalid In Texas?
While prenuptial and postnuptial agreements can provide valuable protection for couples, they are not foolproof. In Texas, a court may deem a marital agreement invalid if certain conditions are not met.
One common reason for invalidation is the lack of independent legal representation. If one or both parties do not have their own legal counsel, the court may deem the agreement unfair or coerced. This is because each party must thoroughly understand the document’s terms and implications before signing.
Another factor that can invalidate a prenup or a postnuptial is if one party was pressured into signing. For an agreement to be valid, both parties must enter it voluntarily.
Lastly, if the terms of the agreement are grossly unfair and unconscionable, a court may rule it invalid. While agreements protect your interests, they should not leave one spouse destitute or in a significantly worse position.
Remember, creating a prenuptial or postnuptial agreement is not an act of distrust. Rather, it is a thoughtful and loving gesture that provides protection for both you and your partner, regardless of how your marriage unfolds. As your lawyer, my job is to ensure your agreement not only protects your interests but also stands up to legal scrutiny.
Connect With A Trusted Family Law Attorney In Austin
Take the first step toward a financially secure future with your spouse. Call my office today at 512-222-4798 or fill out an online form to schedule your first consultation – free of charge. Let us work together to create an agreement that sets the stage for your harmonious marriage.