Prenuptial Attorney
in Houston, TX

Reliable Prenuptial Agreement Services in Houston

Prenuptial Attorneys to help you make important decisions ahead of time

Marriage can be a wholesome and ecstatic time for any couple. While many couples are quick to plan their big day, it is crucial for them to assess the more important aspects of marriage before they commit. Discussing the risks and factors of financial aspects can be tricky grounds for new couples. This is why it is necessary to address them before it becomes a problem. Whether you want to draft an agreement to protect your assets in case of a sudden turn of events or your financial security it is essential to stay prepared and cautious for any circumstances before you make a big commitment.

The importance of

legitimization of a prenuptial agreement

The court requires some authorization to ensure that the prenuptial is not drawn up by any form of pressure or enforcement. The prenuptial is only valid for a couple who voluntarily signs the agreement under a mutual consensus with their attorneys and amongst each other without any constraints or compulsion. The court has a 3 step system to check if the documents are contest worthy or not. This includes that the spouse did not completely disclose their finances to their spouse beforehand, there is no written waiver of one’s finances present, and lastly that the spouse had known prior knowledge of one’s financial assets from earlier.

The court does however get the final ruling and may not find it sufficient or adequate. The judge can then disregard this prenuptial agreement

Daniels Law Firm

Your most reliable attorney!

Whether you are in need of a consultation about your prenuptial or postnuptial agreement we have the experts to handle it for you. Our specialists are well-informed and proficient in composing, modifying, and defending your agreement to protect you and your rights. Contact us to help assess your cases of custody, child support, and other marital legal documentation that can quickly become a huge hassle.

Prenuptial Attorney FAQs

A prenuptial is a way for you to protect your rights, property, and financial assets before you agree to get married. While normally, both parties sit down and civilly discuss the prenuptial agreement to provide details in the best interest of both individuals. This also tackles what to include in their marital property and what will remain personal property. However, If your significant other decides to propose a draft of this agreement for you to sign it is vital to have a professional attorney look into it in order to assess the criteria and make sure you are not being exploited. Our attorneys at Daniels Law Firm, PLLC, will review the prenuptial agreement thoroughly  with you and can make any necessary changes and modifications.

A prenuptial agreement is therefore a significant document to include as a precautionary measure for one’s marriage to retain some financial security in the off chance that one’s spouse files for divorce. We at Daniels Law Firm, PLLC have a great guidance and counseling facility available for all our clients who wish to create a prenuptial agreement or need help with what to include. We can help you create, amend and implement a prenuptial agreement that is most suitable for you and protects your rights in the event of a divorce among the couple.

There are several reasons why a prenuptial can be a critical document to add to your documentation before you get married. All couples are advised to get a prenuptial as part of their wedding documents as it ensures a sense of security for both spouses, especially in cases where one of the spouses has significant assets that they are at a higher risk of losing. Prenuptials can be a taboo topic and quickly become discomforting for couples to talk about. Nevertheless, there are many other reasons why a couple can choose to attain a prenuptial agreement for their personal independence and security even if their marriage fails. 

A prenuptial agreement can often be a way for you to protect your family rights such as your children. Some couples decide to form a prenuptial agreement as a security measure for their children while the spouses are in the process of a divorce. People feel reluctant and hesitant while talking about a prenuptial agreement as expecting the worst or more like self-sabotaging their marriage when in fact it is the most maturely thought out decision. Protecting one’s financial property can be beneficial for one’s family, children, and risks of losing everything in an already distressing situation. It can offer financial stability for one’s personal interests even after a divorce. 

The benefits of drafting a prenuptial agreement for couples can also redeem them of the following stakes

  • Community property rules and taxes
  • Equitable distribution of marital property
  • Distribution of loans 
  • Distribution of financial and investment assets

Community property division by the law states there is a property that is one’s separate property and some shared property that is acquired by both spouses during their marriage. This property is then subject to community division however the law deems feasible. There are however cases in which this division becomes detrimental. Such as a case where a person owns a business before marriage and the business grows to make a large profit and becomes a valuable business asset this profit will become communal and therefore divided in the adverse event of a divorce. Similarly to avoid equitable distribution which is the fair distribution of property rather evenly it is important to devise a prenuptial agreement.

Our attorneys advise people to add a few things to their prenuptial agreement. From their property (real estate), work wages, property income, spouse support, and distribution after divorce or demise.

For wages, if both partners earn their own, it is most suitable to keep them separate. However, it becomes more complex if the significant other does not earn yet runs the family, and takes care of the children. This separate wage does not rid the spouse to pay for child support or alimony in the outcome of a divorce. Whereas certain properties and investments default to marital property, there can be certain properties and investments that can be kept as separate property. On the other hand, spousal support is covered by one of the spouses when their significant other is not financially stable enough to support themselves. One aspect of the prenuptial is also responsible for the unforeseen demise/divorce of the spouses to divide their assets themselves beforehand.

The law for distribution is irrespective of the fact of who earned or paid for what property/investment. Therefore it is not most favored by people who have high-value assets and financial/business resources that they prefer to keep separate.

Although there is plenty of gray area in the law of the division of property and what one can add to a prenuptial that only experienced and qualified attorneys are fond of there are certain things that are unauthorized to be a part of your prenuptial agreement. These include writing up any possible way in which the spouse will not be liable to pay child support. Child support is an integral part of any divorce and therefore mandatory to be paid irrespective of what is considered separate or marital assets of the spouses. Secondly being unable to merge some separate property of an individual to marital property before the marriage. The couple has to wait until after they are married in order to do this.