Prenuptial Agreement Lawyer in Texas
The most common reason for a couple to enter into a prenuptial agreement — sometimes called a marital property agreement — is a significant disparity between their financial circumstances at the time of marriage. Other reasons may include either party’s serious debt load or desire to provide for children from a prior marriage. When such a contract is formed during a marriage, it is sometimes called a postnuptial agreement.
A Proven Trial Attorney Experienced In Evaluating And Challenging Prenups
At The Law Office of J. Kevin Clark P.C. in Fort Worth, we draft marital agreements or counsel men and women who are evaluating them. More often, attorney Kevin Clark is called upon to evaluate whether a prenuptial agreement, or postnuptial agreement can be enforced or nullified in divorce proceedings.
Is Your Marital Agreement Valid And Enforceable In Fort Worth Texas?
“Prenups and postnups” establish terms for the distribution of property, assets and debts should a couple divorce. There are some things they can lawfully address, and others that they may not. Important considerations include:
- The future right to spousal support can be waived in a prenup, but child custody rights and child support cannot be predetermined by agreement.
- Full financial disclosure by both parties is required for a marital agreement to be valid. If a lawyer can prove that assets were undisclosed or undervalued, the agreement may be declared fraudulent and void.
- Other strategies for “busting” a prenup include arguing that some provisions are extremely unreasonable and unfair, that one spouse was pressured to sign, or that the document was not properly witnessed.
If you are considering or preparing for divorce and have a prenuptial or postnuptial agreement in place, you need an experienced divorce attorney. Not only does Kevin Clark have more than 30 years of experience, but he is also well connected to accountants and other professionals who may prove invaluable in your case.