More couples are taking a second look at their prenuptial agreements after the wedding day is over. While signing before marriage is common, there’s now a growing focus on what happens after.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC explains a growing trend in family law where couples are not only signing prenuptial agreements before marriage but also returning after marriage to formally ratify them, helping to strengthen their enforceability and reduce future legal challenges. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Executing a Prenuptial Agreement
One of the trends we’ve been seeing is that couples are not just executing a prenuptial agreement before marriage, but also taking steps after the marriage to strengthen that agreement.
A prenuptial agreement is signed by two people who are not yet spouses. Once they are married, some couples choose to revisit the agreement to confirm their understanding and continued agreement with the terms.
Ratifying the Premarital Agreement After Marriage
At Turner Monahan, we often recommend that once the couple is married, they come back together, along with their attorneys, and ratify the Premarital Agreement. This means both spouses meet again, go over the agreement, and confirm that they still agree with everything that was signed before the marriage.
This step is important because it shows that both people understood the terms, agreed to them before the wedding, and are still standing by them now that the marriage has taken place.
Why Ratification Matters
We have been seeing this step more often recently. It has become a common trend due to recent case law involving challenges to prenuptial agreements. Some people try to argue later on that they did not understand or agree to what they signed before the wedding.
By ratifying the agreement after marriage, it becomes harder to challenge. It helps protect both spouses by confirming, in front of their attorneys, that they understood and accepted the terms from the beginning and still do now.
When a Prenup Can Be Challenged in Court
Even with a signed agreement, one spouse may try to challenge it later. This often happens when there’s a claim that the agreement was signed under pressure or without proper legal advice.
A lack of clear disclosure or not having enough time to review the agreement before the wedding are common reasons a prenup may be questioned. That’s why coming back to it after marriage, with both parties and attorneys involved, can reduce the risk of it being thrown out in court.
What Does the Texas Family Code Say?
The Texas Family Code provides clear rules on marital agreements. Understanding these can help ensure any agreement is valid and enforceable.
Section 4.001–4.010: Premarital Agreements
This section explains that premarital agreements must be in writing and signed by both parties. Full disclosure of property and financial obligations is expected unless waived in writing.
Section 4.102: Property Rights Agreement
This statute allows spouses to agree in writing to divide current and future income or property however they choose, as long as it’s voluntary and fair.
Section 4.105: Enforcement
Under this section, a prenup can be ruled unenforceable if one party didn’t sign voluntarily or wasn’t given a fair and reasonable disclosure of the other’s financial situation.
Section 4.103: Amendment or Revocation
This allows couples to change or cancel a premarital agreement after marriage if both agree and do so in writing. This supports the trend of ratifying or adjusting prenups after marriage.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Reviewing and ratifying your premarital agreement after marriage adds an extra layer of protection. It shows mutual understanding and can prevent disputes in the future. For advice on prenuptial, postnuptial, or marital agreements, it’s best to consult with a qualified family law attorney who understands Texas law and how it applies to your situation. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
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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.
