Prenuptial agreements are legally binding in the event of a divorce, but there are situations in which one of the spouses may challenge it.
Opting to say “I do” to your partner is one of the most monumental decisions you will ever make. Entering into a prenuptial agreement before the big day is a smart idea. Far from indicating any doubts you have about your partner or your feelings for him or her, it can help to clear the air and avoids problems which end up dooming other marriages. However, there are situations in which a prenuptial agreement may be challenged in court. Our family law attorneys explain some of your rights in these agreements and reasons why a prenup can be declared invalid.
In the excitement of announcing your engagement and planning your wedding, bringing up the idea of a prenuptial may be awkward. It is common for misunderstandings to arise about the implied meaning or intent of this gesture. However, the fact is that increasing numbers of couples are entering into prenuptial agreements and that it can actually strengthen your marriage.
According to the American Psychological Association (APA), money is one of the most common things couples fight over. Entering into a prenup can help you clear the air and get on the same page. Your rights in entering these agreements include:
- Full disclosure of all assets and property your spouse currently possesses;
- Disclosure of all debts they owe or other liabilities that exist;
- Clear discussions regarding financial goals and spending habits;
- Provisions for what will happen if one of the spouse’s dies before the other or otherwise becomes incapacitated.
Prenup deal only with financial matters. They do not impact your rights to children, child custody, or any child support that must be paid.
Chapter four of the Texas Family Code outlines the legal requirements for premarital agreements. It is important to recognize that, like marriage, a prenup is a legal contract. As such, there are situations in which it may be declared invalid. Common reasons for challenging a prenup include:
- It is fundamentally unfair. A prenup cannot unduly favor one person over the other.
- It failed to disclose all assets or debts. To be valid, neither party may intentionally hide assets or debts from the other.
- It was based on fraud. If the other person lied about themselves, their financial situation, or intentionally misled you in any way, the prenup can be declared invalid.
- You signed under duress. You must have signed the prenup of your own free will, without pressure, threats, or coercion.
- You were impaired when you signed. A prenup may be challenged if one of the parties was suffering an illness, on heavy medications, or was under the influence of alcohol or drugs at the time.
For trusted, experienced legal guidance in creating a prenup or in challenging the provisions of one in your divorce case, reach out to Scott M. Brown & Associates. Contact our Webster prenuptial agreement attorneys and request a confidential consultation today.