Divorce is a challenging journey, one often filled with uncertainty and concern. If you have a prenuptial or postnuptial agreement, you can be ahead of the game in terms of making decisions and knowing what to expect.
However, depending on your circumstances, you might question how (and if) these agreements will affect the process. Let’s explore how these contracts come into play and what you can expect if you divorce.
What makes a marital agreement valid?
In Texas, certain conditions must be met for prenuptial and postnuptial agreements to be valid and enforceable. To increase the likelihood that these contracts will hold up in court, consider the following requirements and tips:
- Properly signed: Parties must have the contract in writing and sign it willingly and voluntarily. This must happen before a wedding in the case of a prenuptial agreement.
- Sound mind: Both parties must be of sound mind and have the capacity to understand the agreement. They should have adequate time to review it before signing.
- Legal guidance: The law does not require parties to have legal counsel review these documents with spouses. However, doing so can prevent unfair or undesirable terms from being part of the agreement.
If your agreements meet these criteria, it is more likely that the courts will enforce the terms.
Potential vulnerabilities to know about
However, there are circumstances where prenuptial and postnuptial agreements might come under scrutiny. You or your ex may have reason to try and contest it in an effort to have the courts set it aside if there are claims of the following:
- Inaccurate or incorrect information: If one party hid misrepresented assets or lied during the creation of the agreement, it could be grounds for invalidation.
- Illegal clauses: Any provisions that are illegal or go against public policy can render the agreement void.
- Jurisdictional issues: Laws vary by state, and an agreement that is valid in one state might not be in another.
If your agreement has any of these issues, it may not provide the protection you anticipated.
Embracing the future with confidence
Prenuptial and postnuptial agreements should bring clarity and security to an uncertain time. However, even with these contracts, you may still find yourself facing doubts and questions. Talking to an attorney can help you assess your options and make informed decisions.