If you`re planning on tying the knot with your partner in Texas, you may have heard about premarital agreements. These agreements, also known as prenuptial agreements, are legal contracts that couples can enter into before they get married. But are premarital agreements legal in Texas? The short answer is yes – but there are some important things you should know first.
Premarital agreements in Texas are governed by the Texas Family Code. According to the code, a premarital agreement is a contract between prospective spouses that is made in contemplation of marriage and becomes effective upon marriage. These agreements can cover a wide range of topics, including property division, spousal support, and inheritance rights.
One of the key requirements of a premarital agreement in Texas is that it must be in writing and signed by both parties. This is important because oral agreements are generally not enforceable in court. Additionally, both parties must have had the opportunity to read and understand the agreement before signing it. If one party can later prove that they signed the agreement under duress or without fully understanding its terms, it may not be enforceable.
Another thing to keep in mind is that premarital agreements cannot be used to determine child support or custody arrangements. These issues are decided by the court based on the best interests of the child, and premarital agreements are not allowed to circumvent this process. Additionally, any provisions in the agreement that violate public policy or criminal law are also not enforceable.
It`s also important to note that premarital agreements in Texas can be challenged in court. If one party believes that the agreement is unfair or was signed under duress, they can ask the court to invalidate some or all of its provisions. For this reason, it`s important to work with an experienced family law attorney when creating a premarital agreement to ensure that it is fair, legal, and enforceable.
In conclusion, premarital agreements are legal in Texas and can be a useful tool for couples to protect their assets and plan for the future. However, there are specific legal requirements that must be met in order for the agreement to be enforceable. If you are considering a premarital agreement, it`s important to work with an experienced family law attorney to ensure that your rights and interests are protected.