Burleson Prenuptial Agreements Lawyer

Preserving Client Assets in Johnson County & Greater Fort Worth

If you have a significant amount of assets and you are planning to get married, then you need to understand Texas' divorce and property division laws. If you are divorced in the future, your assets will be divided equally between you and your spouse according to Texas equitable distribution laws. 

This can pose a significant threat to your net worth and to the value of your estate, which is why protecting your assets is more important than you might think. At Coontz Cochran, a Burleson prenuptial agreement lawyer from our firm can help you plan for your future.

Call today or contact us online to schedule a consultation with our prenuptial agreement attorney in Burleson.

What Does a Prenup Do?

If you have not yet married, you may greatly benefit from a prenuptial agreement. This contract is designed to protect the assets of one or both parties in the case of a divorce. For example, if you divorce while you have entered into a prenuptial agreement, your assets cannot be distributed and you will retain the assets that are named or categorized in the contract.

What to Include in a Prenup:

• Property Division: Property, including the rights regarding the sale, purchase, or transfer of property 
• Spousal support or if the couple wishes to forgo alimony
• Rights to benefits of a life insurance policy
• Estate Planning: The creation of a will or trust
• Finances: Whether joint or separate bank accounts are used
• Debt Allocation: How debt will be handled 

If you want additional information regarding this benefit, or if you wish to prepare an agreement, you may greatly benefit from the representation of our Burleson prenuptial agreement attorney at Coontz Cochran. 

What Cannot Be Included:

• Child Custody or Child Support: Texas law prohibits prenuptial agreements from making provisions regarding child custody or child support. These matters must be addressed at the time of divorce or in the best interests of the child.
• Unenforceable Clauses: Any clauses that violate public policy or state law—such as waiving a spouse’s right to financial support in cases of abuse—will not be enforceable.

Working with a Burleson prenuptial agreements lawyer ensures that the agreement includes only enforceable terms and that everything is legally sound.

Understanding the Legal Benefits of a Prenuptial Agreement

A prenuptial agreement, often referred to as a prenup, is a legal document that outlines the division of assets and liabilities in the event of a divorce. While it may not be the most romantic topic to discuss before marriage, a prenup can provide important legal protections for both parties.

Some of the key benefits of a prenuptial agreement include:

• Protection of individual assets brought into the marriage
• Clarification of financial responsibilities during the marriage
• Prevention of lengthy and costly legal battles in the event of divorce
• Peace of mind for both parties regarding financial security

Our experienced legal team at Coontz Cochran can help you understand the legal implications of a prenup and guide you through the process of creating a comprehensive and legally binding agreement that protects your interests.

Key Requirements for a Valid Prenuptial Agreement in Texas

To be enforceable in Texas, prenuptial agreements must meet several essential criteria. A Burleson prenuptial agreements attorney will ensure that your prenup is properly drafted in accordance with Texas law. 

The primary legal requirements for a valid prenuptial agreement in Texas include:

1. Written Agreement: Prenuptial agreements must be in writing. Oral agreements or informal contracts are not valid under Texas law.
2. Full Disclosure: Both parties must fully disclose their assets, liabilities, and income. Any hidden or undisclosed assets can lead to the agreement being invalidated.
3. Voluntary Agreement: Both parties must enter into the agreement voluntarily and without coercion. If one party can prove that they were forced or pressured into signing the agreement, it may be unenforceable.
4. Fair and Reasonable Terms: The terms of the agreement must be fair and reasonable. A prenup that is grossly one-sided or unfairly advantageous to one party may be challenged in court.
5. Independent Legal Representation: It’s advisable (and often necessary) that both parties have independent legal counsel to ensure that the agreement is fair and that both parties understand its implications.
6. No Unconscionable Provisions: The agreement must not contain provisions that are unconscionable or violate public policy. For example, a prenuptial agreement that waives a spouse’s right to child support may be considered unenforceable.

By meeting these requirements, a prenuptial agreement can be a legally binding document that stands up in Texas courts, providing both parties with protection and clarity.

When Should You Consider a Prenuptial Agreement?

While many people consider prenuptial agreements before marriage, there are other circumstances when it might be beneficial to revisit or create a new agreement. Some situations in which you might want to consider a prenuptial agreement include:

• Entering a Second Marriage: If you are remarrying, a prenuptial agreement can help protect assets you have accumulated from previous relationships and ensure your estate plan is clear.
• Owning a Business: If you own a business, a prenup can protect your business from being divided in the event of divorce.
• Significant Wealth: If you or your spouse has significant wealth, a prenup can prevent complicated disputes over asset division.
• Children from Previous Relationships: A prenup can help ensure that children from prior marriages receive their inheritance without complications.

Creating a prenuptial agreement can also be helpful if you have specific wishes regarding financial matters during your marriage or after divorce.

Protect Your Assets With a Prenup in Burleson 

At Coontz Cochran, we are dedicated to serving the residents of Johnson County and Greater Fort Worth in various family law matters. If you choose to work with a Burleson prenuptial agreement lawyer from our team, rest assured we will stand by you from start to finish of your case. 

Our firm was established in 1990, and with more than five decades of combined experience, you can be sure that we will provide you with skillful and experienced representation for the situation that you face.

Contact our office today to discuss your situation and to pursue the results that you need for your future. Call a Burleson prenup lawyer from our firm at (888) 858-0536 now.