Do I Need a Premarital Agreement?
A Premarital Agreement Offers Peace of Mind
There are few assurances we have when getting married. Anything can happen in a marriage leading to its termination in divorce. Should uncertainty prevent us from getting married when we find love? No. We should encourage one another to find love and get married. In the process of preparing for the big day, it is a good idea to consider a premarital agreement that can give us some certainty in knowing what may happen in the event of divorce.
In Texas, premarital agreements are written in accordance with the Uniform Premarital Agreement Act and require specific content and formalities. For information about premarital agreement formalities, amendments, revocations and enforcements, contact Mark L. Scroggins at Scroggins Law Group.
If you have business assets you can benefit from a premarital agreement that specifically states who gets what if you divorce. Especially when family members are shareholders in a business, a divorce can be very challenging for everyone involved. When you have a valid and enforceable premarital agreement, you have peace of mind in an otherwise uncertain situation.
Protecting the money and assets you bring to the marriage is important, especially if you have children from a previous marriage who count on you to protect them in the future.
Do You Need A Premarital Agreement to Protect Your Children?
When we go through a divorce and fight to protect our children we want to make sure that they are provided for in the future. Whether our kids are very young or are starting high school and thinking about college, they rely on us as parents to be their rock and beacon in a sea of uncertainty.
If you are getting married and it is not your first marriage, consider how a premarital agreement can protect the money and assets you secured for your future and for the benefit of your growing children. Telling your kids that you are signing a premarital agreement with the new person you plan to marry can also give your kids the peace of mind in knowing that someone is not out to get the money earmarked for supporting their plans, including college and beyond.
Full Disclosure When Negotiating A Premarital Agreement
As Board-Certified family law attorney Mark L. Scroggins will tell you, any agreement may only be as good as it’s enforceability in court should the need arise to litigate.
A well-drafted premarital agreement will specifically detail the disclosure of important and relevant personal and financial information necessary to create a valid and enforceable agreement. Both sides should be represented by legal counsel so that everyone knows exactly what the premarital agreement states and how it would impact them in the event of divorce.
In addition to a premarital agreement, you may consider a postmarital agreement if you are already married but seek to carve out each other’s legal rights to certain property and assets.
Board Certified family law attorney Mark L. Scroggins understands the need for premarital agreements in a variety of situations and can help you negotiate an agreement in a respectful and appropriate manner. For a legal consultation to learn your rights and options regarding a premarital agreement, call Scroggins Law Group, PLLC at (214) 469-3100.