Fort Worth Prenuptial Agreements Attorney

spouse holding envelope with alimony payment, a divorce lawyer can help, call Mims Ballew Hollingsworth | Family Law for helpThere is a lot of confusion and misinformation about prenuptial agreements. Just as a marriage is a contract between two people – so, too, is a prenuptial agreement. These agreements are contracts that address how specific terms of divorce – or inheritance – will be resolved if the marriage does end in divorce, which many people find takes considerable pressure off the marriage itself. If you are considering pursuing a prenuptial agreement or have been asked to sign one, an experienced Fort Worth prenuptial agreement attorney can help.

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What Is a Prenuptial Agreement?

A prenuptial agreement is a contract that is created prior to marriage but does not go into effect until the couple marries. If the couple does not go through with the marriage, the prenuptial agreement has no legal consequence. Postnuptial agreements are very similar to prenuptial agreements and can address the same concerns, but they are created and executed from within the marriage.

In order for a prenup to be legally binding in Texas, there are several factors that must be addressed, including:

  • The prenuptial agreement must be in writing.
  • The prenuptial agreement must be signed by both parties.
  • Both parties must enter the prenuptial agreement voluntarily and in advance of the marriage.
  • Each party must fully disclose their financial situation, including their assets and debts – unless either party waives this right to disclosure in writing.
  • If the terms included in the prenuptial agreement are deemed unconscionable – or extremely lopsided – it can weaken the strength of the contract. Deciding after the fact that the terms of the contract were unfair, however, is not likely to move the court.

Both parties to the prenuptial agreement should also have their own legal counsel who looks out for their legal rights and best interests. Texas courts are more likely to enforce prenuptial agreements when each party was represented by its own attorney at the time of the contract’s creation.

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The Advantages of Prenuptial Agreements

There is a wide range of advantages to having a solid prenuptial agreement in place – not the least of which is the peace of mind that comes from knowing your rights and best interests are well protected. Additional benefits include:

  • The couple can address the division of marital property early on when their focus isn’t clouded by the animosity and stress that tends to accompany divorce.
  • The couple can address the matter of alimony, which can be an important concern in situations in which one spouse supports the career of the other, one spouse’s contributions to the marriage are in the form of childcare and housekeeping or both.
  • If one or both spouses have children from a previous relationship, their rights to inheritance can be addressed directly – instead of relying upon the state’s laws of intestacy to guide the matter.
  • The spouses can address their individual rights to inheritance upon the death of the other.
  • The spouses can protect their separate property, which can include assets that have considerable personal value, such as a family business, a family home, or family heirlooms.
  • Each spouse can protect themself from the other’s debt.
  • The couple can bypass specific divorce-related disputes and can significantly decrease the amount of time and expense required to obtain a divorce.

Each prenuptial agreement serves a unique purpose in the unique marriage of the two unique individuals involved, but there are exacting legal requirements that apply to all prenuptial agreements, which makes having professional legal counsel in your corner to your advantage.

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What Prenuptial Agreements Cannot Address

While prenuptial agreements are useful tools, there are certain primary divorce terms that they cannot address.

Child Support

Child support is calculated according to state guidelines that are in effect at the time. Texas courts, however, also have the discretion to address extenuating circumstances. As such, the only way a prenuptial agreement can address child support in a manner that’s binding is if the terms included exceed the state’s financial requirements.

Child Custody

Child custody arrangements are determined according to the children’s best interests at the time the order is handed down. Prenuptial agreements, therefore, cannot venture into this territory. Ultimately, it’s not possible to determine children’s best interests ahead of time, which leaves this divorce term out of bounds for prenuptial agreements.

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Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

Turn to an Experienced Fort Worth Prenuptial Agreement Attorney for the Help You Need

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It is always worth it to consider whether you need a prenuptial agreement in your situation. The focused Fort Worth prenuptial agreement attorneys at Mims Ballew Hollingsworth have a proud track record of helping clients like you execute advantageous prenuptial agreements that support their rights and bolster their peace of mind. We are on your side and here to help, so please don’t put off reaching out and contacting us for more information about what we can do for you today.

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We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.

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What our clients are saying about us

Kam J.

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Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

Mims Ballew Hollingsworth | Fort Worth Prenuptial Agreements Attorney

At Mims Ballew Hollingsworth | Fort Worth Family Law, our team of experienced attorneys is dedicated to serving as your trusted Fort Worth Prenuptial Agreements Attorney. With over 75 years of combined experience, we are committed to guiding clients through the challenges of divorce and family law cases. Conveniently located at 301 Commerce St #2040, Fort Worth, TX 76102, our office is strategically positioned to assist clients throughout the Fort Worth area. For easy navigation, you can visit us using the following GeoCoordinates: 32.75599, -97.330603. Contact us at 817-900-8330 to schedule a consultation and benefit from our extensive expertise in family law.

Answers To Your Most Commonly Asked Questions about Prenuptial Agreement

As Ft. Worth prenuptial agreement lawyers, these are the most common questions people ask us about these contracts:

A prenuptial agreement in Texas should include a comprehensive outline of each party’s assets, debts, and other financial details. It can also establish guidelines for how property will be divided in the event of a divorce or separation. Additionally, a prenuptial agreement can address other important issues such as spousal support and the rights and responsibilities of each party during the course of the marriage.

While it is not required by law for both parties to have separate attorneys, this is generally recommended for obvious reasons. Each party needs their own attorney to ensure that their individual interests are protected and that the agreement is not one-sided or overlooking things each person is legally entitled to. Additionally, having separate Ft. Worth prenuptial agreement attorneys can help to avoid conflicts of interest and provide independent legal advice to each party.

Prenuptial agreements are definitely enforceable in Fort Worth courts, as long as they meet all of the necessary legal requirements. To be enforceable, a prenuptial agreement must be in writing, signed by both parties, and entered into voluntarily. It should also be fair and reasonable at the time it is executed as well as at the time of enforcement. For example, one party can not sign away rights to child support. However, it is important to consult with a reputable Ft. Worth prenup attorney to ensure that your marital contract is legally valid and enforceable.

Yes, a Fort Worth prenuptial agreement can include provisions for future assets and debts. This means that you can outline how property acquired during the marriage will be treated in the event of a divorce or separation. By including these provisions in your marital contract, you can provide clarity and certainty regarding the division of assets and debts, even ones that have not yet been acquired.

An attorney in Ft. Worth with experience in drafting prenuptial agreements can provide valuable guidance and support throughout the process. At Mims Ballew Hollingsworth, we can help you understand the legal requirements and implications of a prenuptial agreement, ensuring that it is equitable for both parties. We can also help you identify potential issues and negotiate terms that protect your interests. Having an attorney by your side can give you confidence that your prenuptial agreement is legally sound and tailored to your specific needs.
Again, it is advisable for both parties to have separate attorneys to ensure their individual interests are protected. If you have any questions or concerns, Mims Ballew Hollingsworth has the experience, skill, and resources to get you through this hurdle on the way to the altar.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.

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