A prenuptial agreement, also known as a premarital agreement, is a contract between two individuals before they get married. The purpose of a prenuptial agreement is to establish the terms of ownership and division of property, debts, and other assets in the event of divorce or death. This can help alleviate some of the stress and uncertainty of these events and can also provide peace of mind for both parties.
If you’re considering getting married in San Antonio, Texas, and want to create a binding prenuptial agreement, here’s what you need to know.
- Hire an Attorney
The first step in creating a binding prenuptial agreement is to hire an attorney. An attorney can help you understand the legal requirements and can ensure that your agreement is legally binding. In Texas, both parties must have separate legal representation during the prenuptial agreement process. This is to ensure that each party fully understands the agreement and that the agreement is not the result of duress or coercion.
- Determine what to include in the Agreement
The next step is to determine what to include in the agreement. A prenuptial agreement can cover a wide range of issues, including property division, spousal support, and the distribution of assets in the event of death. The agreement can also include provisions regarding the division of debt, alimony, and the distribution of retirement benefits.
It’s important to note that prenuptial agreements cannot include provisions regarding child custody, child support, or the allocation of parental rights and duties. These provisions are determined by the court based on the best interests of the child and cannot be waived in a prenuptial agreement.
- Prepare the Agreement
Once you have determined what to include in the agreement, your attorney will prepare the agreement for you. The agreement must be in writing and must be signed by both parties in the presence of a notary public.
- Review and Negotiate the Agreement
Once the agreement has been prepared, you and your partner will review the agreement and negotiate any changes that need to be made. This is an opportunity to make sure that the agreement is fair and equitable to both parties.
- Sign the Agreement
Once you have reviewed and negotiated the agreement, you and your partner will sign the agreement in the presence of a notary public. The agreement will then become legally binding.
- Keep the Agreement Safe
Finally, it’s important to keep the agreement safe. You should keep a copy of the agreement in a safe place and make sure that both parties have access to it in the event that it is needed.
In conclusion, creating a binding prenuptial agreement in San Antonio, Texas, can help you and your partner establish the terms of ownership and division of property, debts, and other assets in the event of divorce or death. By hiring an attorney, determining what to include in the agreement, preparing the agreement, reviewing and negotiating the agreement, signing the agreement, and keeping the agreement safe, you can ensure that your prenuptial agreement is legally binding and fair to both parties.