When it comes to prenuptial and postnuptial agreements, enforceability is key. A well-prepared agreement can protect the intentions of both parties and reduce future disputes. Knowing the right steps to take early on can make a significant difference in how the agreement holds up in court.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC shares key steps for making premarital and postmarital agreements stronger and more likely to hold up in court. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
How to Make Sure a Marital Agreement Is Enforceable
Follow the Law
The best way to make sure a premarital or postmarital agreement is enforceable is to follow what Chapter Four of the Texas Family Code states. This is the foundation for how these agreements are recognized in court.
Stay Updated with Case Law
It is important to read the most current case law to understand how courts are ruling on different issues. Laws do not change often, but court decisions can influence how certain terms in an agreement are interpreted.
Get Professional Legal Help
At Turner Monahan, we recommend working closely with our attorneys and paralegals to make sure your premarital or postmarital agreement is as enforceable as possible. We will review the details, address potential issues, and help you draft an agreement that is clear and complete.
No Agreement Is 100% Guaranteed
There is no way for any attorney or person to fully control what a judge might decide in the future if the agreement is challenged. However, the goal is to prepare the agreement in a way that makes it as strong as possible from the very beginning.
Make It Clear and Limit Loopholes
The agreement should be set out clearly, with no vague terms and as few loopholes as possible. This reduces the risk of disputes later on and increases the chances that the court will enforce it.
Consider Timing and Execution
The timing of when the agreement is signed can impact enforceability. Courts are less likely to uphold an agreement signed under pressure or too close to the wedding date. Both parties should have enough time to review the document carefully before signing.
Ensure Voluntary Agreement
For an agreement to be enforceable, both parties must sign it voluntarily. Any sign of coercion, undue influence, or misrepresentation can weaken its validity. Having each party acknowledge in writing that they are signing freely can help prevent disputes later.
Full and Honest Disclosure
Courts expect both parties to provide full disclosure of assets, liabilities, and financial obligations at the time of signing. If one party hides important information, it can be grounds for invalidating the agreement. This is why thorough documentation at the outset is essential.
What the Texas Family Code Says About Enforceability
The Texas Family Code, Chapter 4, outlines the rules for premarital and marital property agreements. Several sections directly affect enforceability:
Section 4.002 – Writing and Signature Requirement: States that the agreement must be in writing and signed by both parties. Oral agreements are not valid under this section.
Section 4.006 – Enforcement: Provides that an agreement is unenforceable if one party did not sign it voluntarily or if the agreement was unconscionable when signed and there was no fair disclosure of financial information.
Section 4.005 – Changing or Canceling the Agreement: After marriage, a premarital agreement can be changed or canceled, but it must be done in writing and signed by both spouses. This ensures that any changes are clear and agreed to by both parties from the start.
Section 4.007 – If the Marriage Is Void: If a marriage is declared void, the premarital agreement can still be enforced, but only as much as needed to avoid an unfair result. The goal is to make sure neither party is left at a disadvantage.
Understanding these sections can help ensure your agreement meets all legal requirements from the start.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
An enforceable prenuptial or postnuptial agreement requires careful planning, proper timing, and compliance with Texas law. Taking the time to prepare it correctly now can save significant stress later. For guidance tailored to your situation, consult with an experienced family law attorney.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Can Parents Establish a New Normal That Prioritizes Their Children?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
