Prenuptial agreements can help couples remove some of the concerns and stress surrounding an upcoming marriage. While it may not be easy to discuss a prenup, a mature conversation about assets and finances can help a couple ease anxieties and focus on their relationship rather than on fears about what will happen if the marriage ends.
Negotiating a prenuptial agreement is a good idea for many individuals who are planning to get married. Speaking to an Austin prenuptial agreement lawyer could help a couple draft a document that treats both parties fairly. Only a skilled marital contract attorney could help you safeguard your legal rights and interests and guide you through this process.
Why Would a Couple Enter a Prenuptial Agreement?
Many people seek prenuptial contracts to protect the wealth they acquired before a marriage. Some individuals might inherit from family and want to ensure that their inheritance stays with them and their children even if the marriage ends. Such worries can be even more pertinent in cases when a party or parties have children from past relationships.
Divorce law can be complex and unpredictable. If a couple details how they wish to divide property, including major assets, any potential divorce litigation may take less time and cost less money.
Another situation in which a couple may want to draft a prenup is when one party is going to marry someone who already has a great deal of debt. The agreement can protect the other party from taking on their spouse’s debts if the marriage ends. An Austin lawyer could help a couple draft a prenuptial agreement that caters to their needs and reasons for entering this type of contract.
Terms Included in Prenups
Prenups serve primarily to divide property between two parties. The goal is not to provide one party with an unfair advantage over the other. The terms may allow the parties to protect assets that are of particular importance to them.
These agreements can also protect individuals by providing terms for spousal support. In some marriages, one party may sacrifice their professional development to invest more time in their children. The terms of the agreement could help prevent that decision from hurting that spouse in the future.
Terms that May Not Be Included in a Prenuptial Contract
Courts will not enforce prenuptial agreement terms that detail custody or child support arrangements. Custody determinations depend on the best interests of the children, and the court looks at many factors when making these decisions. Additionally, child support payments are calculated based on schedule and the income of the parents. Therefore, they may not be included in a prenup.
While a prenuptial agreement can remove some of the complicated issues involved in a divorce, child custody arrangements are not one of them. A couple is always welcome to make agreed-upon terms for parenting, but the court must still approve them at the time of a divorce.
Prenuptial agreements are also not intended to create marital responsibilities. Courts will not uphold terms that detail the spouses’ duties to the home and marriage. An attorney in Austin could review a prenup to determine if it includes any terms that impact its enforceability.
Legal Requirements for a Prenup
An enforceable prenuptial contract must comply with certain requirements. The Uniform Premarital Agreement Act requires these documents to be in writing and that both parties sign the agreement in contemplation of their marriage. The individuals also must voluntarily agree to all terms.
Courts will not consider the terms valid if one or both parties fail to disclose their assets and debts to the other completely. Prenuptial agreements also cannot treat one party unfairly as a court will refuse to enforce unconscionable terms. An Austin attorney could help a couple create a prenuptial agreement that meets all necessary legal requirements.
Hire an Austin Prenuptial Agreements Attorney
Although drafting a prenup might not be the most exciting aspect of wedding planning, it is an important one for many couples. Couples who enter a prenuptial contract are not threatening the success of their union but are taking away one source of stress that often impacts marriages.
If you are getting married and are considering a prenup, take the time to learn how it can help protect you and your interests. An Austin prenuptial agreements lawyer could review your circumstances and counsel you on how a contract might work for you and your future spouse.