As has already been said, the legislature and the people of Texas have made a public decision to enforce pre-marriage agreements. However, a pre-marital agreement is not applicable if the party who is the subject of an enforcement application proves it: we have seen cases where an elderly parent of children from a previous marriage is encouraged to sign a pre-marital contract before entering into a second marriage. More often, parties who divorced learned how a pre-marriage contract could have saved them from problems in a previous divorce. Seek advice and advice from an experienced lawyer in this area of law by Haston Law Firm, P.C. if you enter into a premarital contract or if you are divorced, if it is a premarital contract. Call us at 281-653-7748 in Houston or any no-fee location at 866-470-4816. You can also contact us online. In Texas, you can put almost everything into a pre-marriage agreement, with the exception of future child care or child care agreements. As long as the agreement is properly developed, it should be maintained. However, you need a good lawyer to develop a clear and opposable document to protect your interests, not by someone who spits out a form document. Because when such agreements are made, most couples are happy and eager to get married. They are usually only challenged after a divorce has been filed. If the pre-marriage agreement was not prepared by someone with the experience and ability to anticipate the consequences of the document during the divorce and inform you of these consequences, then the initial effort that was put into it might have been wasted.
We strongly advise you to hire a pre-marital lawyer to protect your assets from unforeseen asset vulnerabilities before you get married. A duly conceived (even pre-marital) or post-marital pre-marital agreement can do much to protect certain property interests, specify the terms of spousal assistance and avoid confusion as to assets that could constitute a part of the communal property in the event of divorce. It is important to note that subsection b) of this status specifies that custody of children should not be „affected“ by a pre-marriage contract. Therefore, a provision to remove or reduce a party`s obligations to educate children in the event of divorce would not apply. An experienced child care and enforcement lawyer can help you plan for uncertainties in the future. Just because a pre-marriage or post-marriage contract is a bad deal does not mean it is unacceptable. People often make such agreements and think they can get out later because they are not fair. Counsel Craig Haston has tried family law cases in which that is precisely the issue at stake. The Texas Court of Appeals has consistently found that even if a person makes a „bad deal“ in a pre-marriage contract, he or she may still have to do so under the agreement because it was not „shocking to the conscience“ of a normal person.
Cases where a pre-marriage agreement can be avoided on the basis of „malality“ are, at best, very rare. Pre-marital agreements (also known as marriage contracts or prenupes) are contracts used to determine spousal assistance and the distribution of assets in the event of future divorce. A pre-marital contract resembles a pre-marital contract, unless it is signed after the marriage breakdown. Texas courts have a double test to determine whether an agreement is binding: a pre-marital agreement must be signed in writing and by both parties.