Prenuptial and Post-Marital Agreements
The notion of a pre-marital agreement is distasteful to some people, as if they are preparing for divorce before they are even wedded in holy matrimony. But if you view it as an insurance policy or ask whether you would want to control the terms of divorce or leave them up to a judge, such a contract makes perfect sense.
The law firm of Bill De La Garza & Associates, P.C. provides experienced counsel for drafting, review and litigation of pre-marital and post-marital agreements. Based in Houston, we have drawn prenuptial agreements for clients throughout Harris County and surrounding counties of Texas. Arrange a consultation today.
Texas Marital Contract Lawyers
Board Certified, Family Law - Texas Board of Legal Specialization, with decades of experience, Bill De La Garza can relate countless examples of how these agreements protected his clients when their marriage ended. He can likewise tick off many scenarios in which a simple "prenup" would have avoided protracted divorce litigation.
A pre-marital agreement (prenuptial agreement) identifies separate property that each spouse brings to the marriage, and may contain other stipulations for how assets are to be divided in divorce. Similarly, a marital agreement (post-marital agreement) addresses these issues at any time during a marriage.
We advise many high net worth clients, but you do not have to be "rich" to benefit from a pre-marital agreement. There are many scenarios in which a marital contract should be considered:
- You both own significant assets and want to keep them separate.
- One of you is launching a business or high-earning career.
- You are the one marrying into wealth and don't want to be cut off with nothing.
- This is your second marriage and you want to protect inheritance for children from the first.
Mr. De La Garza personalizes your prenuptial/post-nuptial agreement to your circumstances. It could address all assets or focus only on your ownership stake in a business. It might stipulate terms of alimony or a lump sum settlement, or dictate arbitration of any disputes. The terms could vary with how long the marriage lasts. Prenuptials cannot address child custody or child support, but the only limit, as far as marital assets, is what the other spouse will agree to.
Enforcement of Marital Agreements
We work carefully to ensure that a prenuptial agreement will hold up in court. In general, it should stand if the language is unambiguous, the terms are not patently unfair and the contract is not signed under duress. (Springing a prenuptial ultimatum on the night before the wedding is a bad idea, but a common scenario.)
Bill De La Garza has defended pre-marital agreements and successfully challenged them. He can also review a contract that has been presented to you and advise on whether it is in your best interests to sign it.
Call us at 888-707-0064 or contact us online to schedule a consultation.
