Fort Worth prenup lawyers help clients draft and enforce prenuptial agreements in Fort Worth and Dallas, Texas. Prenuptial agreements help individuals protect property from creditors and messy divorces. If you are getting married and think you may need a prenup agreement then you should contact a Fort Worth prenup lawyer.
Fort Worth Prenup Agreements
Prenup agreements in Texas are a creation of contract law and the Texas Family Code. Prenuptial agreements define the property status of property acquired before and during the marriage. As a community property state, many people share concerns about how property may divide in a Tarrant County divorce. Although a Fort Worth prenup attorney could help draft a postnuptial agreement signed after the marriage ceremony, most property dividing agreements are prenuptial.
Under the Texas Family Code and Texas Constitution, a person’s property is either separate property or community property. Separate property is property acquired by an individual absent a marriage or, regardless of marital status, by gift, devise, or descent. Community property is property acquired during a marriage among spouses that is not separate property. Income earned during a marriage is generally community property by law. Spouses before or during a marriage may choose to enter into an agreement to change these property rules. A prenup agreement might eliminate community property, distinguish separate property, make everything community property, or anything in between.
Child support and custody in a Tarrant County Prenup
A prenup cannot change the laws in Texas, only modify what the law allows. A common request to Fort Worth prenup attorneys is to establish rules for custody and child support. Specifically, many people want Tarrant County prenup lawyers to draft prenups to eliminate child support. In Texas a prenup that eliminates child support in the event of a divorce is void. Texas law requires family law courts to make custody and child support decisions on the best interests of the children. Spouses agreeing to zero child support in a prenup made a decision on their financial motivations, not the interests of the children.
Why you need Fort Worth prenup lawyers
Prenup agreements often include provisions that are disadvantageous to one or both spouses in the event of a divorce so enforcing a prenup is a common issue in a divorce. Enforcement of a prenup depends primarily upon: (1) whether the prenup lawyers drafted the prenup accurately within Texas law; (2) whether the prenup terms precisely describe what it intends to do; and (3) whether a valid contract exists because the parties knowingly and voluntarily entered into the prenup. If a valid, lawful prenuptial agreement cannot be proven then the divorce judge may decline to follow the prenup. One important way to prove the parties each voluntarily and knowingly entered into the prenup is for both sides to have Fort Worth prenup lawyers. Both parties gaining representation by a Fort Worth divorce attorney also means multiple lawyers have reviewed the terms for application of Texas law.