Scroggins Law Group Can Help You with a Premarital Agreement
A divorce lawyer in Collin County, TX who provides premarital agreements can help you protect your property and assets when you get married for the first time or when it not your first marriage. Protecting children of a first marriage is often a reason for people to seek a premarital agreement when remarrying.
Why Do People Hire a Divorce Lawyer for a Premarital Agreement?
Hiring a Collin County, TX divorce lawyer for a premarital agreement is essential. It is important that you are represented by an attorney who complies with Texas law when writing and preparing a premarital agreement because the validity of agreements is often challenged, especially if conflict leads to a hearing or trial.
One of the things your divorce lawyer in Collin County, TX may ask you to do when preparing a premarital agreement is identify and describe all the assets and property you hold or to which you are entitled. Property in a trust or received from an inheritance and kept in a separate account are examples of property your attorney can identify and disclose to the other person when preparing your premarital agreement.
What Rights Can You Create with a Premarital Agreement
An experienced Collin County divorce lawyer can help you create a premarital agreement that accomplishes whatever you desire, so long as it is not otherwise against Texas laws or specifically not allowed in a premarital agreement. Your premarital agreement can include rights to property, alimony, benefits of insurance policies and more.
The rights you and your Collin County divorce lawyer seek to create should identify an act or occurrence and how it is required to take place upon a certain event, such as the termination of the marriage. Recall that marriage can terminate in divorce or the death of a spouse. Common rights written into a premarital agreement identify and isolate certain money or property from distribution in divorce or termination of the marriage, such as funds set aside for the benefit of children of a prior marriage.
What You Cannot Do with a Premarital Agreement
Your divorce lawyer may not use a premarital agreement to get around child support obligations. Your obligation to support a child cannot avoided by other contracts that are not premarital agreements. You cannot decide child custody in advance with a premarital agreement, because custody and visitation, called conservatorship and possession in Collin County, Texas, are the exclusive right of the court.
Texas uses the Uniform Premarital Agreement Act (“UPAA”) which provides the elements for creating a premarital agreement, and what your divorce lawyer may or may not write into your agreement. Your divorce lawyer in Collin County, TX at Scroggins Law Group will ensure that all the formalities required under the Texas Family Code are satisfied when preparing your premarital agreement.
Acting On, Amending or Terminating a Premarital Agreement
A properly drafted and enforceable premarital agreement should contain language that identifies the act or occurrence that makes the premarital agreement applicable for use in seeking to accomplish what is written in the agreement. Your divorce lawyer may communicate with the other identified parties to the agreement and advise them or their own lawyer about acting on provisions of the agreement. You may be able to satisfy the rights in a premarital agreement without going to court.
Along the way, for a variety or reasons, you and your spouse may want to change your premarital agreement while still married. Your Collin County divorce lawyer can help by creating a new premarital agreement that terminates the previously created agreement. Because a new agreement is created during a marriage, it is referred to as a post-nuptial agreement.
Meeting with Scroggins Law Group
When you want Mark L. Scroggins to be your divorce lawyer for a premarital agreement you can contact Scroggins Law Group and make an appointment for a consultation meeting so that you can ask all your questions and learn what you can accomplish with a valid and enforceable premarital agreement. As some may say, we do not buy automobile insurance because we expect to have a loss and need to make a claim. Similarly, we do not obtain a premarital agreement because we want or expect to enforce it.
The peace of mind and assurances people may find in a premarital agreement can be useful in avoiding conflict when uncertainty may otherwise cause discontent. If you are already married and have experienced a change in circumstances that makes you want to obtain a post-nuptial agreement, either for the first time or to replace a previously executed premarital agreement, your divorce lawyer Collin County, TX relies on at Scroggins Law Group will advise you of your rights under Texas law and what you can expect in the process of preparing a post-nuptial agreement as well as how it may be enforced. Mark L. Scroggins is Board Certified* in Texas Family Law and is experienced with pre and post-marital/nuptial agreements.