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Premarital or post-marital agreements spell out how shared property will be divided in the event of a divorce. These documents are often used to protect separate assets from community property laws in divorce proceedings. An Ellis County premarital and post-marital agreements lawyer from McCarty-Larson, PLLC can answer your questions and prepare your documents.
Premarital agreements, also called prenuptial agreements, provide a measure of security for couples in the event of a divorce. This is a legally binding contract that must be entered into willingly. There are certain issues that are off limits for these agreements, such as child support and custody. These decisions are based on the best interests of the child at the time of the divorce, not negotiated in advance.
According to the Uniform Premarital Agreement Act, the agreement must be:
Failing to disclose all assets and debts could result in the court voiding the agreement due to lack of disclosure. In addition, if a spouse did not enter into the agreement voluntarily or the provisions of the agreement are deemed unconscionable by the court, the court may void the agreement. Each party should be represented by a separate attorney to ensure that the agreement is fully understood.
In some situations, a couple may decide to enter into an agreement after the marriage. This is often done to protect the assets of one party from the debts of the other. Essentially, these agreements work just as premarital agreements but are drafted and signed after the marriage. If you are considering this type of agreement, contact our office to get help from our experienced Ellis County premarital and post-marital agreements attorneys.
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