Prenuptial Agreements Attorney in Fort Worth, Texas

Before tying the knot with your engaged partner, establishing a premarital agreement is crucial to define each party's responsibility and clarify expectations in your forthcoming marriage. That being said, it will help outline how your assets and property will be distributed in the event of a divorce, separation, or one spouse's death. This is a great opportunity to have an open and honest conversation with your partner about the things that matter to you and ultimately achieve peace of mind. 

If you need assistance when drawing up a prenuptial agreement with your engaged partner, consulting with a seasoned Texas family law attorney is essential. Attorney Kim Hamilton has devoted his career to offering outstanding legal services and guiding clients in marital agreement-related matters. As your legal counsel, Kim can enlighten you about the benefits of having a prenup and what it can cover. In addition, Attorney Kim Hamilton can guide you through the legal procedures involved in creating a prenuptial agreement and help you navigate crucial decisions. 

Kim Hamilton Attorney at Law proudly serves clients across Fort Worth, Texas, and the surrounding areas of Tarrant County and Johnson County. 

Prenuptial Agreements in Texas  

A prenuptial agreement – commonly referred to as prenup or premarital agreement –  is a marital agreement between engaged couples prior to getting married. The premarital agreement lists out the assets, property, income, and debts of each spouse and sets forth how their assets and finances will be managed or distributed during a marital dissolution or upon one spouse's demise. 

What Do Prenuptial Agreements Cover? 

A prenup can cover the following matters for unmarried couples: 

• Premarital assets and property. 

• Instructions for asset division in a divorce. 

• Financial responsibility of each spouse. 

• Retirement accounts, assets, and savings 

• Protections from the other spouse's liabilities and debts. 

• Business earnings. 

• Protections for estate plans. 

• Provisions for children from a previous relationship or marriage. 

• Provisions to retain the family business or property within the family. 

What Don't They Cover? 

Here are some matters that prenuptial agreements don't cover: 

• Provisions that encourage marital dissolution. 

• Details about personal matters. 

• Each spouse's premarital debts. 

• Relinquishing alimony or spousal support rights. 

• Decisions about child custody, child support, and visitation. 

• Provisions about matters that are against public policy or illegal. 

A highly-experienced Texas family law attorney can analyze your situation and help you navigate crucial decisions when establishing or adjusting your prenup. 

Can They Be Modified?  

Yes, it is possible to modify or make adjustments to a prenup, provided that both spouses give their consent. To "re-up a prenup," you can add to the existing contract or sign a separate agreement that changes the provisions of the original prenup. However, ensure that the provisions of the new agreement are properly signed and witnessed. 

Who Should Get One?  

Furthermore, you should consider getting a prenup if: 

• You want to protect your assets, finances, and future. 

• You have huge assets compared to your partner when getting married. 

• You or your partner are entering the marriage with huge liabilities or debts. 

• This is your second, third, or subsequent marriage. 

• You or your partner have children from a previous relationship or marriage. 

• You own a personal business. 

• You or your partner are bringing property and assets into the marriage.

Generally, prenuptial agreements aren't only for famous couples, celebrities, the upper class, or rich and wealthy individuals. Whether you have significant assets, small assets, or a business, you and your future spouse can benefit from having a prenup. 

Why Marital Agreements Are Important  

Having a premarital agreement is extremely beneficial because it allows you to: 

• Clarify each spouse's roles, responsibilities, and expectations. 

• Define how household bills, living expenses, and other finances will be managed. 

• Have an open and honest conversation with your partner about your aspirations. 

• Make adequate provisions for minor children from previous relationships or marriages. 

• Protect your estate plans. 

• Protect your assets, family businesses, and inheritance. 

• Establish clear boundaries and protect yourself from future uncertainties. 

• Determine how your property will be divided in a divorce. 

A trusted lawyer can guide you through the legal procedures required to create a prenup and make sure your premarital agreement is legal and valid.   

Ensuring That the Prenuptial Agreement is Enforceable 

Here are the legal requirements for a prenuptial agreement to be enforceable in the state of Texas: 

• It must be in writing and properly executed in view of marriage. 

• Each party must be honest about their assets and financial obligations. 

• Each party must be represented by an attorney. 

• It must be signed voluntarily by both parties. 

• The agreement must not include conditions that violate public policy or implicate criminal culpability. 

• The agreement must be executed or finalized before the marriage.  

A seasoned attorney can work diligently to simplify the entire legal process and help make sure your prenuptial agreement is legally binding and enforceable. 

How Legal Advice Can Help 

Having a prenup can help you prepare for future uncertainties and achieve financial security and peace of mind in your upcoming marriage. However, establishing a premarital agreement usually involves several complicated procedures and paperwork. Therefore, it is imperative that you speak with a dedicated family law attorney for proper guidance and to help protect your best interest. 

Attorney Kim Hamilton is poised and ready to assist and guide individuals and couples through the complex legal processes involved in drafting marital agreements. As your attorney, he can examine your unique situation and determine the right option for you. In addition, Attorney Kim Hamilton will work diligently with all parties involved, help keep the conversation productive, and ensure that the prenup is valid, legal, and binding.