One of the many services our family law attorney, who is certified by the Texas Board of Legal Specialization, offers her Dallas area clients is advice and assistance with drafting prenuptial agreements. For those who are not married, similar agreements, called "partition/exchange" agreements are available. Texas couples that are already married are allowed to sign enforceable "postmarital agreements," which have the same effect as prenuptial agreements but for their timing.
Contrary to a popular perception, prenuptial agreements are not just escape hatches in the event a relationship does not work out. In fact, these agreements oftentimes bring a couple closer together because they force the couple to talk about difficult financial issues and what they each see as the best interests of their children. They also serve to protect each spouse from the other's debt and can also be used to protect the inheritance of children from a prior marriage.
For all of their benefits, it is important to remember that these types of agreements have their limitations. One of the most important limitations are that while they can help protect property, they are usually not binding on a court making child custody and child support decisions, as those sorts of decisions affect other people, specifically minor children.
Our family law attorney is well aware of the benefits and drawbacks of prenuptial agreements and can advise clients as to whether one is right for their unique situation. Assuming a prenuptial agreement is called for, our attorney also well ensure the drafting and execution of the agreement creates an enforceable contract that covers all important areas and is easy to understand.