Easy Questions  
Free Legal Documents

Do I Need a Lawyer for a Prenuptial Agreement in Altair, TX

Do I Need a Lawyer for a Prenuptial Agreement in Altair, TX


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 1-2-Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 1-2-Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free TX Premarital Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
 
Personalize & Print a Free TX Power of Attorney Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Related Legal Services near Altair, TX
Alfredo Ortiz
814 W Hildebrand Ave
San Antonio, TX 78212
(210) 785-9881
Attorneys, General Practice Attorneys, Criminal Law Attorneys
Martinez James A
7170 Westwind Dr Ste 201
El Paso, TX 79912
(915) 543-9712
Attorneys
JAMES WHEAT
2611 San Pedro Ave
San Antonio, TX 78212
(210) 224-9300
Attorneys, Criminal Law Attorneys, Bail Bonds
Wheat James S
2611 San Pedro Ave
San Antonio, TX 78212
(210) 224-9300
Drug Charges Attorneys,  Bail Bonds,  Attorneys,  Criminal Law Attorneys,  Sex Offense Attorneys,  D
Rudy Wattiez
2118 N Main Ave
San Antonio, TX 78212
(210) 320-9284
General Practice Attorneys, Attorneys, Legal Service Plans
John W. Stickels, J.D. PhD
770 N Fielder Rd
Arlington, TX 76012
(817) 479-9282
Attorneys
Stickels & Associates P.C.
770 Fielder Rd
Arlington, TX 76012
(817) 479-9282
David S Kohm & Associates
1414 W Randol Mill Rd
Arlington, TX 76012
(817) 984-9233
Bankruptcy Law Attorneys
Buttles Lewis
342 W Woodlawn Ave # 103
San Antonio, TX 78212
(210) 738-8881
Bankruptcy Law Attorneys, Business Bankruptcy Law Attorneys, Attorneys
Rodriguez Jose C
342 W Woodlawn Ave # 103
San Antonio, TX 78212
(210) 738-8881
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Harmonson S Clark
7170 Westwind Dr
El Paso, TX 79912
(915) 584-8777
Attorneys
Hicks & Llamas PC
124 W Castellano Dr # 100
El Paso, TX 79912
(915) 834-8400
Attorneys,  Personal Injury Law Attorneys,  Insurance Attorneys,  Litigation & Tort Attorneys,  Lega
Ty J. Wood
2302 North 208
Colorado City, TX 79512
(325) 728-8400
Attorneys, Legal Service Plans
Coles-Davila Teresa
4819 San Pedro Ave
San Antonio, TX 78212
(210) 222-8389
General Practice Attorneys, Attorneys, Legal Service Plans
Walthall Jr, Thomas J - Gardner Law Firm
745 E Mulberry Ave # 500
San Antonio, TX 78212
(210) 733-8191
Attorneys, General Practice Attorneys, Legal Service Plans, Business Law Attorneys, Litigation & Tor
Roberto S Vargas
201 W Poplar St
San Antonio, TX 78212
(210) 212-8181
Attorneys, Legal Service Plans
Seal Karen Law Office
202 E Park Ave
San Antonio, TX 78212
(210) 226-8101
General Practice Attorneys, Attorneys
Leal Ernest
2119 McCullough Ave
San Antonio, TX 78212
(210) 738-8100
General Practice Attorneys, Attorneys
Henderson Law Office
7005 Woodway Dr # 207
Woodway, TX 76712
(254) 235-8008
General Practice Attorneys, Attorneys, Legal Service Plans
Mark D Scott & Associates
3000 E Loop 820
Fort Worth, TX 76112
(817) 534-8000
General Practice Attorneys, Attorneys, Legal Service Plans
Janice Miles, PLLC
111 W. Olmos
San Antonio, TX 78212
(210) 710-7773
Estate Planning, Probate, & Living Trusts, Child Custody Attorneys, Divorce Attorneys, Family Law At
Lovett Steven
7362 Remcon Cir
El Paso, TX 79912
(915) 225-7745
General Practice Attorneys, Attorneys
Crowson & Crowson
725 S Mesa Hills Dr
El Paso, TX 79912
(915) 533-7717
Insurance Attorneys, Attorneys, Business Law Attorneys
Derek W. Emmons, P.C.
206 E Locust St
San Antonio, TX 78212
(210) 887-7711
Attorneys,  Criminal Law Attorneys,  DUI & DWI Attorneys,  Legal Service Plans,  Traffic Law Attorne
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US