Prenuptial agreements have become part of the planning of most marriages in Texas. This is because divorce has become a reality, and not frowned upon any longer. Couples do not necessarily plan for divorce, but they sign agreements to avoid traumatic and contentious court battles if the marriage should end. Although prenups mainly serve to protect the personal assets of each spouse and deal with alimony, any other matters could be included. Child custody and child support concerns are not generally addressed in these contracts since those issues are always subject to a determination of the child’s best interests.
It is not guaranteed that the court will honor all prenuptial agreements. However, there are three requirements to meet to make sure the agreement is valid. There must be no indication that one of the parties was coerced into signing it, and the contract must not violate any public policies. The court must also be satisfied that the agreement is fair; though even if one party seems favored, if the other party willingly signed it, the court may find it acceptable.
However, if there is anything that gives the court the idea that one party felt compelled, or was forced into signing the contract, or if there is an indication that one side is punishing the other, the court might refuse enforcement of the agreement. Another matter that might raise questions involves legal representation. If the prenup shows that only one party’s legal counsel was part of the drafting of it, there might be a reason to challenge it.
To ensure that a prenuptial agreement will not be challenged if the spouses choose to end their marriage and go their separate ways, it might be a good idea for each party to seek the support and guidance of an experienced Texas divorce attorney. A lawyer could provide the necessary support and guidance in the drafting of the agreement, or review it if the other party’s lawyer drafted it. Doing it this way can provide both spouses with the peace of mind knowing that their assets will be protected and a contentious divorce might be avoided.