Valentine’s Day is a time when a lot of couples get engaged. In the weeks that follow, there should be a discussion about whether to have a prenup. There are some good reasons for getting a prenuptial or premarital agreement.
Prenuptial agreements have received their share of criticism. Some say they are a roadmap to divorce. A better description is to view them as you would a life insurance policy. You do not take out such a policy on a loved one in the hope that they will die, but if they do die, you are glad you have the policy. Here are 5 reasons why a prenup is a good idea:
To be valid and enforceable, Texas law has requirements a prenuptial agreement must meet:
An agreement may be found by a court to be “unconscionable” and unenforceable if the court finds that one party did not make a full and fair disclosure of assets.
The agreement must not be signed under duress. The closer to the actual marriage that the agreement is signed, the more likely a court is to find it signed under duress. Therefore, it is a good idea to start working on the agreement several months ahead of the wedding date.
For assistance in preparing a prenuptial agreement, contact us at Martinez Legal, P.C. We help each client according to his or her unique needs.