Premarital agreement, prenuptial agreement, Dallas County, Collin County, Rockwall County

Thinking about getting married but worried about protecting your assets? A premarital agreement, also known as a prenup, might be the solution. But how do you make sure it’s enforceable? Let’s break down the essentials in a way that’s easy to understand.

What Is a Premarital Agreement?

A premarital agreement is a legal document that couples sign before getting married. It outlines how assets and debts will be divided if the marriage ends in divorce. It can also include terms about spousal support.

Why Have a Premarital Agreement?

Having a premarital agreement can provide peace of mind. It helps ensure that both parties are on the same page about financial matters. This can prevent misunderstandings and conflicts if the marriage doesn’t work out.

Tips for Ensuring Your Premarital Agreement Is Enforceable

To make sure your premarital agreement holds up in court, here are some important tips:

1. Be Honest and Transparent

Both parties need to fully disclose their assets and debts. Hiding information can make the agreement invalid. Imagine you’re putting all your cards on the table—honesty is key.

2. Get It in Writing

Verbal agreements won’t cut it. Your premarital agreement must be in writing to be enforceable. Think of it as creating a blueprint for your financial future together.

3. Have Separate Attorneys

It’s important that both parties have their own attorneys. This ensures that each person fully understands their rights and the terms of the agreement. It’s like having your own coach in your corner.

4. Sign Well Before the Wedding

Don’t wait until the last minute to sign your premarital agreement. Doing it well before the wedding day helps show that both parties entered into the agreement voluntarily, without pressure. This is about planning ahead, not rushing through it.

5. Make Sure It’s Fair

The agreement should be fair and reasonable. If it’s heavily one-sided, a court may decide not to enforce it. It’s about finding a balance that works for both of you.

Real-Life Example

Let’s say Jane and John are planning to get married. Jane owns a successful business, and John has some real estate investments. They decide to create a premarital agreement to protect their individual assets. They both hire separate attorneys and disclose all their financial information. They sign the agreement six months before their wedding, ensuring that everything is fair and transparent.

Key Takeaway

A premarital agreement can be a smart move to protect your assets and clarify financial expectations. To ensure it’s enforceable, be honest, get it in writing, have separate attorneys, sign it well before the wedding, and make sure it’s fair.

If you are looking to hire an attorney to help with your premarital agreement, feel free to reach out to us at The Blacknall Firm. We’re here to help guide you through the process and help protect your interests.