Pre-Marital Agreements–Do I Really Need One?

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Yes. But, I won’t stop there.

Most people go into a marriage expecting it to last forever. My Dad always told me to hope for the best and prepare for the worst. Good advice to take in this situation (or any situation, honestly). If you never need the agreement, then shove it somewhere in a drawer and there is no harm done. But, if you end up needing it, you should have a strong, well-drafted pre-marital agreement there to protect you.

People always come to me and say, “I just need an agreement that says” xyz. It is important to understand that drafting a premarital agreement is easy; drafting a premarital agreement that is enforceable and will stand up in court is a difficult task. Not just any agreement will do. Texas Family Code Section 4.006 (which you can read here https://codes.findlaw.com/tx/family-code/fam-sect-4-006.html) has formal requirements that must be met in order to have an enforceable agreement. Even more than that, family law practitioners have crafted tools for these agreements to ensure enforceability. This is not somewhere you want to cheap out, trust me. Find someone who specializes in the practice of family law and knows how to draft an enforceable agreement; if that day ever comes, you will be glad you did.

To find out what you can accomplish with a pre-marital agreement and if one is right for you circumstances, give me a call.

#dontgetboggeddown