Prenup Lawyer Dallas, TX Felony Lawyer - Arlington, TX

When you have any questions regarding your prenup, it is important that you go to the prenup lawyer Dallas, TX relies on at Brandy Austin Law Firm, PLLC. Many people are familiar with prenuptial agreements (or “prenups) and their pros and cons. However, what most do not know is that they can actually be quite complex and include much more than a standard asset division. They are also not as ironclad as popular culture paints them to be. It is imperative that before you enter into a prenuptial agreement, you should have a good understanding of exactly how they work. You can learn more by talking with your Dallas, TX prenup lawyer.

What to Include and Leave Out

The major reasons for a couple choosing to enter into a prenup are twofold: either to protect one spouse from the consequences of the other’s debt, or to ensure that provisions are made for the children of a previous marriage. Inheritance laws in most states immediately default to a person’s children from their current marriage, so if there was a promise to, for example, save a personal item for a child of one’s first marriage, it can be advantageous to note that in a prenup. Prenuptial agreements are legally binding, unless it can be proven that the agreement is unenforceable. When you are unsure in this situation, it is best to reach out to a Texas prenup lawyer.

With this rationale for entering into a prenup, it is perhaps not surprising that prenuptial agreements, at their hearts, are about money. The provisions you include should almost exclusively deal with financial matters. A prenup is not the place to discuss future child custody or who should take the trash out every day. While asset division is usually thought to be the province of divorce law, earmarking certain items in a prenup is perfectly legal and will control if there is a question of inheritance. It is also important to note that states that have ratified the Uniform Premarital Agreement Act (UPAA) explicitly ban any provisions being made for child support in the event of divorce but do permit most provisions regarding spousal support to stand.

How to Set Aside an Unenforceable Prenup

The UPAA explicitly sets out what two parties may and may not include in a valid prenuptial agreement, as well as the procedure for making changes in the agreement – namely, a written agreement of both parties. Sometimes, however, one or both spouses may seek to set the prenup aside, arguing that it is unenforceable.

In order to do this, the party seeking to set aside the agreement must be able to prove one of two criteria:

  1. That the prenup was not entered into voluntarily, which is difficult to do.
  2. That the agreement was unconscionable (unreasonable, or excessive) when it was entered into. Unconscionability is usually proven by showing that one party was either not sufficiently informed of the other party’s finances, due either to oversight or malicious intent. Without all the relevant information, an agreement as to finances is unconscionable because one party simply could not make an informed decision.

Another possible way for a prenup to be set aside is for one or both parties to prove that the document was executed so poorly that it never should have been signed. This is somewhat less common than proving unconscionability, but it does happen. If this is the case for you, a court will generally rule the document unenforceable.

Contact a Prenup Lawyer in Dallas, TX

Despite the best intentions, sometimes parties simply cannot agree on what should go into a prenup, or how to enforce it. At that point, a competent family law attorney can make all the difference. The experienced Dallas, TX prenup lawyer from Brandy Austin Law Firm, PLLC can work with you and your partner to hammer out an agreement that suits both of you and will minimize future disagreements and confusion. Contact the prenup lawyer Dallas, TX trusts today to schedule an appointment.