Prenuptial Agreement Attorneys in Denton County

Helping Clients in Flower Mound, Flower Mound, & Argyle Draft Premarital Agreements

A prenuptial agreement, or prenup, is a written contract signed by two people in contemplation of marriage that sets forth what their assets and debts are and how these matters will be divided at the end of the marriage. If you are “young and in love,” you probably do not need a prenup. However, in this day and time, many people enter marriage when they are not so “young and in love.”

When a couple marries and has a child or children from a previous relationship, has obtained valuable property or owes a significant amount of debt, a prenup is needed. A prenuptial agreement addresses the issue of what will happen when the marriage ends, whether by divorce or death.

Speak with our Denton County prenuptial agreement lawyers by contacting us online or calling (972) 236-7798

Community Property and Prenups in Texas

Texas law presumes all property owned by the parties is community property to be divided by the Court, whether in a divorce proceeding or in a probate Court. However, not all property is community property. Oftentimes couples have “separate” property.

• Separate property is property a person owned prior to marriage
• Property received as a gift
• Inherited property and assets
• Debt is also treated as separate in many instances and is called “separate debt.”

A prenup protects you and your separate property from the very beginning, so, should a divorce or a probate matter occur, your assets are protected.

Ensuring Your Prenup Will Stand Up in Court

A prenup is a legally binding contract, and the Court will enforce written contracts. However, as with any contract, there are defenses and pitfalls that pose a threat to such agreements. Securing a legal professional to assist you will greatly reduce the possibility of the Court failing to enforce the agreement and will sidestep common pitfalls.

Commonly Asked Questions

What Is a Prenuptial Agreement?

A prenuptial agreement, or prenup, is a written contract signed by two people in contemplation of marriage that sets forth what their assets and debts are and how these matters will be divided at the end of the marriage.

When Do I Need a Prenuptial Agreement?

A prenuptial agreement is needed when a couple marries and has a child or children from a previous relationship, has obtained valuable property, or owes a significant amount of debt.

How Does a Prenuptial Agreement Protect My Assets?

A prenuptial agreement protects your separate property from the very beginning, so, should a divorce or a probate matter occur, your assets are protected.

How Can I Ensure My Prenuptial Agreement Will Stand up in Court?

Securing a legal professional to assist you will greatly reduce the possibility of the court failing to enforce the agreement and will sidestep common pitfalls.

How Can I Prove My Separate Property is Mine?

When a marriage ends, a spouse must prove by “clear and convincing evidence” that the property claimed to be separate property truly belongs only to him or her. Sometimes that is difficult to do years later if records are no longer available. When memories fade over time or the owner of the property passes away, the executor has no way to prove the property was indeed separate property. A prenup solves this problem by setting out exactly who owns what and how it will be divided at the end of the marriage.

How Much Does a Prenup Cost in TX?

In Texas, the cost of drafting a prenuptial agreement can vary significantly, typically ranging from $910 to $3,000. The fee charged is based on an hourly rate. On average, individuals can expect to pay around $1,200 for a prenup in the state.

Several factors contribute to this variation in cost. The complexity of the agreement is a primary determinant. For instance, if the couple has substantial assets, businesses, or children from previous marriages, the prenup will likely be more intricate and require more time to draft, thereby increasing the cost. In contrast, a straightforward prenup for couples with fewer assets and no children may be less expensive.

The attorney's experience and reputation also play a critical role in pricing. More experienced attorneys or those with a reputable track record in family law may charge higher fees. Additionally, geographic location within Texas can influence costs; attorneys in metropolitan areas might have higher rates compared to those in smaller towns.

Besides the initial drafting fees, additional costs may include consultation fees or charges for revisions. It is crucial for couples to discuss all potential costs with their attorney upfront to avoid unexpected expenses.

It is far more economically sound to execute a prenup when compared to the legal fees that could be incurred at the end of the marriage in the division of assets and debt. Despite the costs associated with prenuptial agreements, many couples find them to be a worthwhile investment. A prenup can provide financial clarity and protect individual assets, which can be especially beneficial in safeguarding family inheritances or business interests. Moreover, having a prenup in place can simplify divorce proceedings, potentially saving time and further expenses if the marriage does not last. Overall, while the initial cost may seem significant, the long-term benefits of a well-crafted prenuptial agreement often outweigh the financial investment, offering peace of mind and financial security.

How Long Does a Prenup Last?

In general, prenuptial agreements do not expire. This is intended for the protection of both spouses. However, this isn't to say they can't.

Sunset Clauses on Prenups

The implementation of a sunset clause can invalidate the agreement after the marriage lasts an approximate amount of years. A sunset clause is a provision that can affect any contract by spelling out the conditions that can trigger a termination of the agreement.

Prenup Modification

Prenups can also be modified when both spouses voluntarily enter into an agreement. Usually, no conditions are required unless the terms favor one party more than the other.

Is There a Postnuptial Agreement?

Amazingly enough, there is a postnuptial agreement, only we don’t call it a “postnup.” We call it a partitioning agreement. A partitioning agreement divides assets and debts between married couples, so if you did not wish to do a prenup and decide to address this issue after marriage, you can do so. However, in every partitioning agreement, there is a clear risk of losing or signing away valuable legal rights when the agreement is executed. You should ask yourself why you or your spouse would desire to be in that position. Of course, the answer is that you do not and neither does your spouse, thus it may be too late.

The information provided herein is given for general prenup information only. The information presented should not be construed as formal legal advice or the formation of an attorney-client relationship.

Why Should You Consider a Prenuptial Agreement in Denton County?

At Burrows Law Group, our experienced prenuptial agreement attorneys in Denton County are dedicated to helping clients in Flower Mound, Flower Mound, and Argyle protect their assets and ensure a secure financial future. A prenuptial agreement, also known as a premarital agreement, is a legal document that outlines the division of assets, debts, and other financial matters in the event of a divorce or separation.

• Preserve your separate property: A prenup can clearly define what property is considered separate and will remain yours in the event of a divorce.
• Protect your business: If you own a business, a prenuptial agreement can safeguard your business interests and prevent them from being divided in a divorce.
• Ensure fair distribution of assets: By establishing a prenuptial agreement, you can outline how assets and debts will be divided, avoiding potential disputes and lengthy court battles.
• Clarify financial expectations: A prenup can address financial responsibilities and expectations during the marriage, providing clarity and avoiding conflicts.

Our Denton County prenup attorneys will work closely with you to understand your unique situation and draft a customized prenuptial agreement that meets your needs. We are committed to protecting your interests and ensuring that your prenup will stand up in court.

Ready to take the first step in protecting your assets? Contact Burrows Law Group today to schedule a consultation with one of our knowledgeable prenuptial agreement attorneys.

Get Help From a Denton County Prenup Attorney Today

We urge you to call the Denton County prenuptial agreement attorneys at Burrows Law Group to set up a time so we may discuss your situation and determine if a prenup is right for you. The consultation fee is capped to a maximum of one hour of billable time, even if we talk more than an hour. Do not put this off simply to avoid an unpleasant topic. It is a decision too important to dismiss prior to your upcoming marriage. 

Request your initial consultation with a Denton County premarital agreement attorney by filling out our online form or calling (972) 236-7798. 

Helpful Resources

• Denton County Government - Official website of Denton County government, providing information about local services and resources for residents.