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Prenuptial Agreements
Once a couple signs a prenuptial agreement they have to stick to the terms and conditions specified within the document. This agreement is actually a private contract that a couple signs before they get married. It often outlines how their property will be divided in the event of a divorce or death. After the agreement is signed, you cannot just have a change of heart or express regret and think that that is enough to invalidate that contract. However, there are situations that can cause a prenuptial agreement to be voided in Texas.
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How And When The Agreement Was Made
Since it is a prenuptial agreement, it can only be valid if was signed prior to marriage. This may sound like an easy requirement but there have been cases of people realized that they were common law married before they signed the agreement. Remember that all you need to enter into a common law marriage is to cohabit just for a day. In addition, common law marriage is as valid as legal ceremonial marriage. That means that if both of you sign a prenuptial agreement, when you are already in a common law marriage, the agreement can be declared invalid by a court.
Both of the parties must also sign the agreement for it to be valid. However, and the agreement must not be “unconscionable”. An unconscionable agreement has extremely harsh and unfair terms that make it hard for one party to meet all of the requirements in the document. Whether a prenuptial agreement is unconscionable or not depends on the individual circumstances.
While people should try as hard as possible not to enter into unconscionable agreements, some are forced to do it. If you can prove that you did not enter into the agreement voluntarily, then it can be voided. But you have to show that you were somehow tricked into signing for that to happen. Apart from that, both spouses must have knowledge of each other financial state before entering into that agreement. You may have to prove that the other spouse did not discuss their financial status with you and you had no way of knowing about their financial status for the agreement to be voided.
Content Of Prenuptial Agreement
Since a prenuptial agreement is actually a contract, it must be written like a Texas contract. That means that elements of contract law apply to pre-nuptial agreements. For example, all the sections of the contract have to be clear and specific. Prenuptial agreements can also only be enforceable if they are in writing, and both parties have signed it. An oral agreement is not valid even if one of the parties recorded it.
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Why People Get Prenups?
The primary reason people get prenuptial agreements is to govern how property will be divided in the event of a divorce. Other reasons include:
- To control distribution of property in the event of the death of either of the spouses
- To makes sure that all separate property goes to your spouse and children not your parents or siblings
- To strengthen the financial stability of a family
Consult a resourceful lawyer before you agree to get a prenuptial agreement.
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