12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

FAQs about Pre-Nuptial Agreements in Zip Code 78146

FAQs about Pre-Nuptial Agreements in Zip Code 78146


I love being married. It's so great to find that one special person you want to annoy for the rest of your life.
 
- Rita Ruder


Many couples find that a prenuptial agreement helps increase their security during the marriage, and ease the transition should it end. Others believe that starting out with a request for a prenuptial feels like it will create a foundation of distrust and be a cloud over what might otherwise have been a happy union.

Prenups offer predictability and marriage and the future can be unpredictable. If you've been through a terrible divorce in the past, asking for a prenup may be a no brainer. If you have children from a prior marriage and want to protect them financially, you may want a prenup. It really is up to the couple to decide.

A prenuptial agreement is a contract or agreement between two people prior to their marriage. This document contains different issues like provisions for the division of property, spousal support in the event of break-up of marriage and other matters. Planning your wedding can also include a plan for your prenuptial agreement. Dealing with your finances beforehand and agreeing upon certain rights and responsibilities can avoid dealing with conflict, uncertainty or the state law on divorce later.


Questions about Prenuptial Agreement

Q. Is a prenup valid if signed right before the wedding?

"Two hours after we got married, we signed our prenuptial agreement, is it invalid? I have heard that signing it 48 hours before a wedding is not valid."

A. There is no such hard rule about invalidation if a prenup is signed right before the wedding. A prenuptial agreement is legal as long as both persons have a full knowledge of the contract and its underlying meaning. If one prospective spouse is considered less sophisticated than the other when it comes to financial issues, and this person was placed under pressure or threat to sign, the court may set aside the prenup. A last minute signing will likely cause the court to take a closer look at your prenuptial agreement. But timing alone won't invalidate it.

Q. Can a prenuptial agreement protect us from my spouse's ex seeking more child support?

A. Couples who plan to get married with kids on one or both sides should adopt a sensible prenup and an estate plan before the wedding to provide for the kids under any future scenario. A prenuptial agreement that keeps property strictly separate makes sense, because it can keep it out of reach of your spouse's ex that make seek an increase in child support based on the assets that you bring to the family. Depending on the state of residence, a prenup can result in savings when it comes to child support because the balance sheet of your spouse is not inflated by your income.


Q. Can I remain the rightful owner of my home after marriage and have my spouse become a tenant?

A. As long as the real estate is kept separate, property owned by a person prior to his or her marriage can solely belong to that person. If the new spouse starts to contribute to mortgage payments or improvements, the ownership issues begin to get complicated. In order to avoid this uncertainty, a written agreement between you and your spouse can be drafted that will put into writing that your new spouse agrees to pay a reasonable rent in order to become your tenant. It will also specifically state that you are still the owner of the property.

Q. Can a post nuptial agreement be done on your own without a lawyer?

A. Yes, although a post nuptial agreement can have strict requirements about its preparation and signing, it can be done without a lawyer. There are state requirements that you should also consider when writing this agreement.


Q. If my fiancé is heavily in debt, should I refuse to marry him?

A. If a spouse-to-be owes money, your properties and assets that were yours before you got married will not be use to lien on his debts. Those debts he had before you got married will remain on his own accountability. There is an important exception, however, if you live in a community property state. Creditors can go after your property that either of you earned or acquired during your marriage. If they do, your only recourse is to ask for reimbursement from your spouse for the portion of that property collected by the creditors on your spouse's premarital debts.

In order to avoid this from happening, it would be wise to have a Premarital Agreement in order to protect the assets you owned before you were married. This will shield you and your property from any creditors coming after to collect your fiancé premarital debts.

 
Personalize & Print a Free TX Premarital Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Zip Code 78146
Stephens Skyler W
1301 S Capital Of Texas Hwy Ste 122B
West Lake Hills, TX 78746
(512) 328-9999
General Practice Attorneys, Attorneys, Legal Service Plans
Hensley Edward F
1007 Mo Pac Cir # 201
Austin, TX 78746
(512) 476-9988
Insurance Attorneys, Attorneys, Social Security & Disability Law Attorneys, Personal Injury Law Atto
Swann Lori A
12 Greenway Plz # 1310
Houston, TX 77046
(713) 961-9929
Attorneys, Legal Service Plans
Lea C. Noelke
901 South Mopac Expressway, Suite 200
Austin, TX 78746
(512) 480-9777
Family Law Attorneys
English Patricia A.
901 S Mo Pac Expy
Austin, TX 78746
(512) 480-9777
Family Law Attorneys, Attorneys, Legal Service Plans
Noelke English Maples St Leger Blair LLP
901 S Mopac Expy Plaza II Suite 200
Austin, TX 78746
(512) 480-9777
Divorce Attorneys, Family Law Attorneys
Osborn Judy
2705 Bee Cave Rd Ste 225
Austin, TX 78746
(512) 327-9740
Attorneys, Legal Service Plans
Williams Regina C
4101 Parkstone Heights Dr
Austin, TX 78746
(512) 330-9740
Attorneys, General Practice Attorneys
Jeth Jones / Jones Law Firm
One Greenway Plaza, Suite 100
Houston, TX 77046
(713) 224-9700
Schaubhut, Lawrence P SR
4611 Bee Cave Rd
West Lake Hills, TX 78746
(512) 330-9656
Estate Planning Attorneys, Attorneys, General Practice Attorneys, Legal Service Plans, Criminal Law
Dickie Martha
2301 S Capital Of Texas Hwy Ste H10
Austin, TX 78746
(512) 474-9486
General Practice Attorneys, Attorneys
Ray C L Law Offices
604 Beardsley Ln
Austin, TX 78746
(512) 328-9238
Attorneys
Ray Wood & Bonilla
2700 Bee Cave Rd
Austin, TX 78746
(512) 328-8877
Attorneys, Legal Service Plans, Civil Litigation & Trial Law Attorneys, Appellate Practice Attorneys
Wood Buck
2700 Bee Cave Rd
Austin, TX 78746
(512) 328-8877
Attorneys,  Legal Service Plans,  Civil Litigation & Trial Law Attorneys,  Appellate Practice Attorn
Jones James
8 Greenway Plz # 1500
Houston, TX 77046
(713) 877-8788
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans, Labor & Employment Law Atto
Moulton David
8 Greenway Plz # 1500
Houston, TX 77046
(713) 877-8788
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans, Labor & Employment Law Atto
King Law Offices
19211 S US Highway 377
Dublin, TX 76446
(254) 968-8777
Attorneys,  General Practice Attorneys,  Legal Service Plans,  Bankruptcy Law Attorneys,  Criminal L
Warren William S
1011 Westlake Dr
West Lake Hills, TX 78746
(512) 347-8777
Civil Litigation & Trial Law Attorneys, Attorneys
Stanton Calver Drew
2801 Via Fortuna
Austin, TX 78746
(512) 542-8691
Attorneys
Bowen Donna
2705 Bee Cave Rd
Austin, TX 78746
(512) 795-8686
General Practice Attorneys, Attorneys
Slack & Davis LLP
2705 Bee Cave Rd Ste. 220
Austin, TX 78746
(512) 795-8686
Product Liability Law Attorneys, Attorneys
Townsend Justin
2705 Bee Cave Rd Ste 220
Austin, TX 78746
(512) 795-8686
General Practice Attorneys, Attorneys
Taylor Harold J
2801 Via Fortuna # 100
Austin, TX 78746
(512) 542-8678
Attorneys
Floyd Adam V
2801 Via Fortuna # 100
Austin, TX 78746
(512) 542-8648
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US