A prenuptial agreement (or “prenup”) is an important legal document that couples draft to set the terms of their marriage, including how assets will be divided in the event of a divorce or death. An additional benefit of a prenuptial agreement is to determine whether alimony will be paid and how much it will be. While prenups are legally binding, there are certain conditions where they may not be considered valid. Learn how to know if you need a prenup and what to know about when a prenuptial agreement might not be enforceable in the Dallas area.
Lack of Full Disclosure
For a prenup to remain valid, both parties must fully disclose all financial information prior to signing it. This includes any debts, income, and assets held by each partner. If one partner fails to disclose all their assets or income, the court may rule that the prenuptial agreement is invalid because the other partner was not able to make an informed decision when agreeing to the document’s terms.
Unconscionability or Unfairness
The court may also rule that a prenuptial agreement is not enforceable if it does not follow certain rules of fairness and equity. For example, if one party has access to more resources than the other or if one party is represented by an attorney while the other is not, then this could result in an unfair advantage for one side over the other during negotiations and will likely render the prenup invalid. The court must believe that both parties were able to negotiate on equal footing for a prenup to remain valid.
Duress or Coercion
If either party was forced into signing a prenuptial agreement against their will due to pressure, threats, or coercion from their partner then it can be ruled invalid by a judge in Dallas courts as well. The law requires that both parties agree voluntarily with no external influence before signing such an important document; otherwise it can be considered null and void by Texas courts.
Hire a Prenup Attorney to Review Your Prenuptial Agreement in Plano
Prenuptial agreements are binding contracts between couples who are looking to marry; however, they can become invalid under certain circumstances such as lack of full disclosure, unconscionability or unfairness on either side’s part, duress/coercion from either partner during negotiations and/or signing of the document. It’s important for those entering into these contracts in the Dallas area understand these boundaries so that their rights are protected should any issues arise down the line related to these matters. Contact a qualified prenup lawyer at The Fox Firm to schedule a consultation so they can help ensure your rights and interests are best represented throughout this process.