Prenup Lawyer Arlington TX
If you are planning on getting married in the near future and want to make sure that you will be able to maintain your financial assets and make the process much smoother in the case of a divorce, contact a top prenup lawyer Arlington, TX offers at Brandy Austin Law Firm. Although it seems hypocritical to be signing a a document that will be used in the case of a divorce while you are about to make a lifetime commitment to someone, prenups are not exactly what most people think. Under the Uniform Premarital Agreement Act (UPAA) adopted by the state of Texas, a prenup is “an agreement between spouses made in contemplation of marriage to be effective upon marriage.” Using the term of marriage rather than divorce takes away much of the negative connotation usually associated with “prenup.” The respected prenup lawyer Arlington TX respects can guide you through this process. Although prenups are not specifically used for assuming that a couple will get divorced, they can make divorces run smoothly. Prenups will allow for both parties to agree how property and finances will be divided in the case of a divorce. This will save time and money should you and your spouse decide to get divorced. It also makes much more sense to agree on these terms of marriage while you and your partner are feeling loving toward one another rather than angry like most people are who are going through a divorce.
A marriage is a happy occasion, and couples enter marriage with the expectation that their life together will last forever. No one preparing for such an occasion wishes to contemplate what may occur in the event of a divorce. However, speaking with a prenup lawyer from Arlington, TX to create a prenuptial agreement can act like insurance – protection against the unexpected. Many couples choose to prepare a prenuptial agreement with an understanding that such an agreement can go a long way to minimize pain and difficulty when the unexpected – a divorce – occurs.
Brandy Austin Law Firm will explain there are various nuances to Texas law about these matters. In considering a prenuptial agreement, it may be helpful to ponder the following:
1) Pre-Marital Assets and Debts
You and your future spouse should discuss and evaluate all assets and debts you bring into the marriage. Such assets may include real estate, personal property, automobiles, stocks, and money in savings and checking accounts. Debts may include student loans, credit card debts, and mortgage payments. The laws that address prenuptial agreements require each partner to disclose all assets and debts. When discussing these item with your future spouse as well as with an experienced Arlington, Texas prenup lawyer, it is important to decide what should happen to these assets and debts in the event of a divorce.
2) Marital Assets and Debts
You and your future spouse should discuss how you will handle finances during the course of your marriage. You should determine how you will budget, save, and spend the money that you will acquire. An experienced prenup lawyer from our Arlington, TX firm will also recommend that you discuss:
- How you will make decisions regarding finances
- How you will save for retirement
- Whether you will have a joint banking account, or whether you will continue to have separate accounts
- Whether you will each have access to each other’s separate account
- Who will be responsible for paying bills
- What will happen to your shared money in the event of a divorce
3) Career and Education Goals
You and your future spouse should discuss your goals relating to career and education. For example, if you plan on having children, you should discuss whether one spouse will stay home while the other works and how the stay-at-home spouse will be compensated in the event of a divorce. If one spouse plans on going to school, Arlington, TX prenup lawyers suggest discussing in advance how the education will be financed and who will pay for student loans.
4) Spousal Support
In contemplating the possibility of a divorce, you and your future spouse should determine what amount of spousal support will be paid upon dissolution of the marriage, how such support will be paid, and how long the support should last. For recommendations, it is important to speak with an experienced prenup lawyer in the Arlington, Texas area.
If you want to protect your assets and ensure your financial stability before your marriage, contact a top prenup lawyer Arlington TX believes in at the Brandy Austin Law firm. These lawyers will ensure that your prenup is legal and will be enforced by the state of Texas. They will be able to explain to you exactly what can be included on this document. Prenups can clarify how all assets will be divided. This is important if one party has more assets when going into a marriage. Prenups can also establish that one party is not responsible for debts of the other party. This is only applicable of one party has significant debt, like student loans. By including this in a prenuptial agreement, the debt-free party will be protected from creditors. This would make sense for younger couples who might have student loans so they would not be able to ruin each other’s credit.
A tested prenup lawyer Arlington TX offers can provide a well-drafted agreement that can be used for a variety of purposes. Prenups can be used for couples who are entering in a second or third marriage so that assets can be protected for the inheritance of children and so that the parties can comply with obligations from previous marriages, like mortgage payments and health insurance agreements. Prenups can be used for business owners to protect their business partners by preventing an ex-spouse from becoming a business partner in the case of a divorce. A prenup will define your property so that in a divorce, there will be no need for complex litigation, and also determine the extent of spousal support that will be awarded to the other party.
There are a few things that cannot be legally included in a prenuptial agreement, which can be thoroughly explained to you by an experienced prenup lawyer Arlington TX counts on at Brandy Austin Law Firm. Anything that has to do with child custody or visitation cannot be included in a prenup, as well as how the children will be raised religiously or what school they will attend. Child support can also not be addressed in a prenuptial agreement.
Only an attorney can be sure what exactly must be included for a prenuptial agreement to be enforceable, so if you are in the Arlington area, make sure to contact a top prenup lawyer Arlington TX uses at Brandy Austin Law Firm. An experienced attorney will know what to include for the prenup to be valid and attack the validity of a prenup when necessary. A prenup will not be valid if there is an unfair distribution of assets that would leave one spouse unable to survive and in need of welfare. It will also not be valid if one party has a substantial change in circumstances so that the prenup being enforced would be against public policy. In order for a prenup to be valid, both parties need separate councils to review the agreement. The document must be signed and dated by both parties, and they both must be aware of the rights that they are waiving under Texas law by agreeing to the prenup. One important factor in being certain of the validity of a prenup is that there has to be full disclosure of assets from both parties. This includes future increases in income that are known at the time that the document is signed. If one party hides anything, the prenup is invalid. Both parties must voluntarily agree to the prenup, and this can be proven if the parties continue to get married after the prenup is signed. If you want to make the process of obtaining a prenup simple and easy, then contact Brandy Austin Law Firm to work with a top prenup lawyer Arlington TX respects.
Let a Divorce Attorney Help
If you are getting married and have questions about prenuptial agreements, it is vital that you contact a skilled prenup lawyer from Arlington, TX. Brandy Austin Law Firm is dedicated to helping individuals and couples preparing for marriage understand their rights. Our skilled staff will work with you and your future spouse to draft an agreement that is in the best interests of everyone involved. Contact us today to schedule a consultation.
