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When is a prenuptial agreement invalid in Texas?

For many Houston residents a prenuptial agreement makes a lot of sense. When a person has significant assets or debts before they are married a prenuptial agreement can protect their interests. Even if a prenuptial agreement is drawn up there are reasons that it may be invalid.

There are several reasons why a prenuptial agreement may be invalid. One may be that the agreement is not in writing or it was not properly executed. A prenup must be in writing and it must be signed before the wedding. It can also be invalid if one person was pressured into signing it or didn't read it before signing it. Also, if one party didn't have sufficient time to review the agreement then it can also be invalid. Each party needs time to read it and understand it.

Before parties enter into a prenuptial agreement they must each disclose to the other all relevant financial information, including assets, income, investments and debts. If one party fails to make a full and accurate disclosure of their financial situation the agreement can be held invalid. Finally, if the agreement makes a separation so unfair that one spouse would wind up facing severe financial hardships while the other would prosper the prenuptial agreement will likely not hold up in court.

A couple who is considering a prenuptial agreement may want to work with an experienced family law attorney. An attorney has the experience necessary to draft a prenuptial agreement that will work for the couple and will hold up in court in the event of a divorce. A prenuptial agreement is a great way to protect individual assets and marital property and help facilitate an easier divorce if the need arises.

Source: findlaw.com, "Top 10 reasons a premarital agreement may be invalid", accessed on Nov. 23, 2015

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

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