Prenuptial Agreements in Texas
The Texas Family Code defines a prenuptial agreement as “an agreement between prospective spouses made in contemplation of marriage.” It’s not exactly a romantic document, but it can do a lot of good to protect yourself and your property in the event of a divorce.
As seasoned premarital agreement lawyers in San Antonio, we provide compassionate representation and personalized advice. We make the process of drafting and discussing premarital agreements as efficient as possible. We pride ourselves on being straightforward and can address any legal concerns you may have throughout your marriage.
Is a Prenuptial Agreement Legally Binding?
A prenuptial agreement in San Antonio is legally binding if the agreement is in writing and signed by both parties before marriage. Oral agreements are not recognized in the courts.
A prenup is not enforceable if a spouse did not voluntarily sign the agreement. It is also unenforceable if a spouse failed to declare the full extent of their assets. If you want to modify your agreement, both parties must agree on the modifications in writing. In signing the modified postnuptial agreement, a couple completely disavows the previous agreement.
There are certain things that are not enforceable by a prenuptial agreement. This includes a parent’s right to child custody or child support and agreements regarding anything illegal. This is why it is so important to hire an experienced San Antonio prenup lawyer.
Do I Need a Prenup?
There are a lot of reasons a couple should get a prenup. The most common reason for prenuptial agreements is one or both parties coming into the marriage with significant wealth, property and other assets. A couple might also choose to get a prenup if one spouse comes into the marriage with a significant amount of debt.
Couples who are marrying for a second time are usually more inclined to agree to a prenup. While this process can be a delicate topic to bring up with a future spouse, it can be very important for securing both of your futures. By discussing your financial situation with your partner, you can begin your marriage with a mutual understanding and improve your ability to discuss money matters moving forward.
San Antonio’s Most Experienced Family Lawyers
To ensure a secure marriage, you’ll want San Antonio prenup lawyers you can trust. Bineham & Gillen are experienced family lawyers that can handle your prenuptial agreement. With over 30 years of combined experience, we can manage the prenup process in a way that secures your assets and is fair to your future spouse.
We will walk you through the details of prenuptial agreement law so that you understand your options and can make the best choice for your relationship. When you need help securing your assets, trust Bineham & Gillen to provide you honest work with invaluable experience.
Contact Us
Practice Areas
We strive for same-day consultations.
WHAT WE DOHow we can help you?
FAMILY LAWDivorce Attorney
FAMILY LAWTemporary Restraining Orders
FAMILY LAWChild Support
FAMILY LAWChild Custody
FAMILY LAWLegal Mediation
FAMILY LAWPrenuptial Agreement
