Protecting Your Property Rights in Marriage
Premarital agreements (also called prenuptial agreements or prenups) are contracts used to determine spousal support and division of assets in the event of a future divorce. A postmarital agreement is generally the same as a premarital agreement, except it is signed after marriage.
In Texas, you can put almost anything in a premarital agreement, except for future child support or child custody arrangements. As long as the agreement is properly drafted, it should be upheld. However, you will need a good lawyer who will draft a clear and enforceable document designed to protect your interests, not someone who will spit out a form document.
At The Haston Law Firm, we represent parties in North Houston and surrounding communities who want their spouses to sign a premarital or postmarital agreement. We also represent parties who are asked to sign these agreements. Houston attorney Craig Haston is Board Certified in Family Law by the Texas Board of Legal Specialization and has extensive experience in divorces involving significant assets.
When Are Premarital or Postmarital Agreements Enforceable?
Texas courts have a two-pronged test to determine if an agreement is enforceable:
- Was the agreement unconscionable at the time it was signed?
- Was the agreement signed voluntarily?
Just because a premarital or postmarital agreement is a bad deal doesn't mean it is unconscionable. People often enter into such agreements thinking that they can get out of them later because they are not fair. Attorney Craig Haston has litigated cases where just this issue is at stake. The Courts of Appeals of Texas have routinely found that even if a person makes a "bad deal" in a premarital agreement, he or she may still have to perform under the agreement because it wasn't "shocking to the conscious" of a normal person. Cases allowing one to avoid a premarital agreement based on "unconscionability" are very rare at best.
If the agreement was the result of fraud, signed under duress or involves overreaching, it will not be enforceable. Ambiguity in the agreement can also render it unenforceable. It's always best to have both sides represented by counsel to ensure that the agreement of the parties is accurately stated. Another reason to have attorneys representing both parties is so the person who is asked to sign the premarital agreement can't later claim that he or she didn't sign voluntarily.
Therefore, you should seek the advice and counsel of an attorney experienced in this area when both entering a premarital agreement and when getting divorced where a premarital agreement is involved. Often, a talented attorney can find the loopholes needed to drastically change the outcome of such a divorce.
Schedule an Attorney Consultation
To schedule a consultation with Houston lawyer Craig Haston about premarital or postmarital agreements, call 866-470-4816 or fill out the contact form on this Web site.
