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!
 
 

Do I Need a Lawyer for a Prenuptial Agreement in Wall, TX

Do I Need a Lawyer for a Prenuptial Agreement in Wall, TX


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 12Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
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 Wall, TX
Gordon Elias & Seely LLP
1811 Bering Dr # 300
Houston, TX 77057
(713) 668-9999
Attorneys,  Legal Service Plans,  Personal Injury Law Attorneys,  Litigation & Tort Attorneys
Short Law Firm, PC
520 Texas Highway 37 S
Mount Vernon, TX 75457
(972) 964-9964
Attorneys, Family Law Attorneys, Divorce Attorneys, Wills, Trusts & Estate Planning Attorneys, Gener
Barnett Law Group PLLC
1800 Bering Dr
Houston, TX 77057
(713) 980-9939
Immigration Law Attorneys, Attorneys
Mc Cullar Vaught Pc
3200 Steck Ave Suite 300
Austin, TX 78757
(512) 342-9933
Divorce Attorneys,  Attorneys,  Family Law Attorneys,  Arbitration Services,  Arbitration & Mediatio
Saldivar Sergio
5959 Westheimer Rd Ste 116
Houston, TX 77057
(713) 592-9775
General Practice Attorneys, Attorneys, Legal Service Plans
Bradley W. Tilton II
6303 Beverlyhill St Suite 1000
Houston, TX 77057
(713) 780-9595
Family Law Attorneys
Casey Law Firm
8705 Shoal Creek Blvd
Austin, TX 78757
(512) 342-9471
General Practice Attorneys, Attorneys, Legal Service Plans
Christy Christopher
8217 Shoal Creek Blvd Suite 104 A
Austin, TX 78757
(866) 469-9134
Bankruptcy Law Attorneys, Foreclosure Services
Robert Rolnick
6363 Woodway Drive, Suite 975
Houston, TX 77057
(713) 840-9111
Social Security & Disability Law Attorneys
DFW Bankruptcy Lawyers Richard Weaver & Associates
405 E State Highway 121 #250
Lewisville, TX 75057
(972) 316-9106
Foreclosure Services,  Bankruptcy Services,  Bankruptcy Law Attorneys,  Business Bankruptcy Law Atto
Nance & Simpson LLP
2603 Augusta Dr Ste 1400
Houston, TX 77057
(713) 520-9100
Estate Planning Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Bankruptcy Attorney Houston
5850 San Felipe St Suite 500 #115
Houston, TX 77057
(713) 750-9038
Attorneys
Esquivel and Associates
6060 Richmond Ave Ste 240
Houston, TX 77057
(713) 789-8997
General Practice Attorneys, Attorneys
Sherbert Bill
800 Bering Dr # 208
Houston, TX 77057
(713) 236-8888
Attorneys, Legal Service Plans
Browning Kent J
510 Bering Dr
Houston, TX 77057
(713) 974-8874
General Practice Attorneys, Attorneys, Legal Service Plans
Baumer Michael
7600 Burnet Rd Ste 530
Austin, TX 78757
(512) 476-8707
Bankruptcy Services,  Credit & Debt Counseling,  Bankruptcy Law Attorneys,  Attorneys,  Financial Se
Hoover Slovacek LLP
5847 San Felipe St # 2200
Houston, TX 77057
(713) 977-8686
General Practice Attorneys, Attorneys, Legal Service Plans
Cain Law Firm
2400 Augusta Dr
Houston, TX 77057
(281) 623-8400
Attorneys, General Practice Attorneys
The Hadi Law Firm
6420 Richmond Ave. Suite 480
Houston, TX 77057
(713) 532-8400
Attorneys Referral & Information Service,  Accident & Property Damage Attorneys,  Automobile Acciden
Carrabba Frank L
800 Bering Dr # 300
Houston, TX 77057
(713) 621-8363
General Practice Attorneys, Attorneys, Legal Service Plans
The Davis Law Firm
2630 Fountain View Dr Ste 100
Houston, TX 77057
(832) 251-8347
General Practice Attorneys, Attorneys
Stokes Law Office P
132 W Main St
Lewisville, TX 75057
(972) 436-8141
General Practice Attorneys, Attorneys, Legal Service Plans
Harris County Bar Assn
PO Box 572774
Houston, TX 77257
(713) 236-8000
Attorneys Referral & Information Service
Evans Barbara B Atty
401 E Corporate Dr Ste 200
Lewisville, TX 75057
(972) 436-8000
General Practice Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US