When executed properly, premarital agreements are a great way to protect your current and future personal assets prior to entering into a marriage. However, any of several factors could compromise the validity of this document, making it absolutely necessary to obtain legal counsel if you and your fiancé are considering a premarital agreement in Texas.
Top 4 reasons your premarital agreement might be invalid:
- The agreement includes unacceptable provisions. Premarital agreements cover almost all financial aspects of the marriage. They cannot, however, override or otherwise modify child support obligations determined by the court. Any clause that attempts to violate the state’s law on child support provisions will be considered invalid in the event of divorce involving children.
- The agreement includes false information or undisclosed information. Crucial to any premarital agreement is the understanding that both parties have fully and accurately disclosed information pertaining to their assets, income, and other liabilities. If, down the line, it comes out that any of this information was not adequately disclosed, i.e. undervalued assets or failure to disclose income, then the agreement may be deemed invalid.
- The agreement was coerced or otherwise signed without consent. Although difficult to prove, coercion—or even duress—is grounds to throw out an existing premarital agreement. Individuals who are forced into signing a premarital or who are asked to sign one while ill or under the influence of drugs or alcohol, may have reason to invalidate the agreement entirely.
- The agreement was not properly executed. A premarital agreement must be in writing, signed by both parties, prior to the marriage of the parties.
We strongly advise that both parties seek separate legal counsel when drafting and signing a premarital agreement. Texas enforces the Uniform Premarital Agreement Act (UPAA), which covers all elements that must be present in order to make a premarital agreement valid and binding. The right divorce lawyer will ensure your premarital agreement includes everything needed to effectively establish a binding, enforceable contract.
Contact our Denton County and Collin County attorneys to discuss your premarital agreement.