Prenuptial and Postnuptial Agreements
Prenuptial and Postnuptial Agreements in Midland, Texas
A prenuptial agreement is designed to protect a person’s assets before a marriage takes place. In some instances, an individual may require a postnuptial agreement as well. This document is basically the same, however it would be drafted after the marriage has taken place. Both documents can be effective at protecting an individual’s assets.
In America, the average marriage now lasts less than 15 years. Though we never enjoy thinking that our marriage might end, the truth is that over half the marriages today will end in divorce. A postnuptial or prenuptial agreement can address a number of important factors. You can include fidelity clauses in these agreements that stipulate that if your spouse cheats on you, they are disqualified from receiving any assets from your estate. The bottom line is that without a prenuptial or postnuptial agreement, the courts may decide to give your spouse half of everything you own if a divorce does occur.
There are a number of important issues that can be addressed in a postnuptial agreement or a prenuptial agreement. They can limit an individual’s property rights and alimony. They can also eliminate all rights to property and disqualify a spouse from acting as executor of the estate in the event of death. Both parties must agree to the terms of the agreement and many attorneys also suggest videotaping the signing of these legal documents.
Both prenuptial and postnuptial agreements must be executed in writing and they must be voluntary. Full and fair disclosure must be given to both parties at the time of execution and the documents must be signed before a notary public. In addition, the agreement cannot be unconscionable. This is a term that describes an agreement that is so unjust that it overwhelmingly favors one party.
A prenuptial or postnuptial agreement cannot address custody issues. The Courts will decide custody issues based on the best interests of the children at the time of the divorce. If the document is properly drafted and executed, a prenuptial or postnuptial agreement can be upheld and enforced by courts in virtually all states. At times, courts have refused to enforce certain provisions of these agreements, but they are still the best method of protecting your assets.
The family lawyers at Zinda Law Group work with couples each year to help them draw up prenuptial and postnuptial agreements. With many years of experience, we can help you draft an agreement that reflects your personal wishes and help you avoid many of the pitfalls that others have fallen into.
Prenups and Postnups are complex documents that often take months to draft. Your situation can change over the course of time including the dynamics of the relationship. Wealthy couples face much different issues that other couples. There may be millions of dollars’ worth of property, jewelry, autos and furnishings to consider. That’s why it’s so important to work with professional divorce lawyers from Zinda Law Group.
With years of experience, our family law attorneys can assist you in drawing up a post nuptial or prenuptial agreement that can protect your assets and give you the greatest peace of mine. Call Zinda Law Group today to schedule a legal consultation with one of our Midland family law attorneys.