Premarital agreements are designed to provide certainty and clarity in the event of a divorce. However, like any legal agreement, a premarital agreement can be challenged under certain circumstances. In this post, we’ll explore the legal process for enforcing a premarital agreement in Texas, including the circumstances under which an agreement can be challenged and the factors that a court will consider when deciding whether to enforce the agreement.
When Can a Premarital Agreement be Challenged?
There are several circumstances under which a premarital agreement can be challenged in Texas. These include:
- Failure to disclose assets or liabilities: If one spouse failed to disclose all of their assets or liabilities at the time the agreement was signed, the other spouse may be able to challenge the agreement on the grounds of fraud or misrepresentation.
- Coercion or duress: If one spouse was forced to sign the agreement under duress or coercion, the agreement may be invalid.
- Unconscionability: If the terms of the agreement are so one-sided that they are unconscionable, a court may refuse to enforce the agreement.
- Invalid execution: If the agreement was not executed properly, it may be invalid. For example, if the agreement was not signed in the presence of a notary public, it may not be enforceable.
Factors Considered by Courts
When deciding whether to enforce a premarital agreement, Texas courts will consider a variety of factors, including:
- Whether the agreement was entered into voluntarily by both parties
- Whether both parties had adequate knowledge of each other’s assets and liabilities at the time the agreement was signed
- Whether both parties had the opportunity to consult with their own attorneys
- Whether the terms of the agreement are reasonable and fair
- Whether enforcement of the agreement would be unconscionable
- Whether any changes in circumstances have occurred since the agreement was signed that would make enforcement unfair or unjust
Enforcing a premarital agreement in Texas can be a complex process, but with the right legal guidance, it is possible to protect your rights and interests.
To discuss retaining our firm for your premarital Agreement, divorce or child custody case, please schedule a consultation with us today.