Should You Consider a Prenup?
Texas courts tend to honor prenuptial agreements if they have been properly constructed. The attorneys at Parker & Montgomery carefully draw up the contract and take additional steps to establish it as enforceable.
Contact our McKinney, Texas law office today to explore a premarital or post-nuptial agreement. We have two board-certified lawyers* who are experienced in drafting "prenups" to protect your interests.
Prenuptial Agreements
A prenuptial agreement is, of course, recommended for high net worth individuals whose fiance/fiancee has few assets. It also makes sure children from a prior marriage are taken care of if you are getting remarried.
It is not only the "rich" who can benefit from a prenuptial/post-nuptial agreement. These contracts make sense for anyone with any sort of estate — a home you own in your name, substantial 401(k) savings, a business start-up. A prenup not only protects your house, for example, but also the increase in value that otherwise would be considered community property in a Texas divorce. A premarital agreement is not an acknowledgement that divorce is inevitable or even likely. Many prenups are never invoked. But by defining separate property, divorce is simplified if it does happen.
A postnuptial agreement is a similar document signed any time after you marry. It may account for new property acquired during marriage. Or it may address a pending break-up, resolving property division for when you officially dissolve the marriage.
Will It Stand Up in Litigation?
A prenup can be defeated if there was evidence of coercion, non-disclosure of assets or other fraud. At Parker & Montgomery, we execute prenuptial agreements with a court reporter and videographer. We then file a lawsuit immediately seeking a declaratory judgment by the court that it is enforceable.
Arrange a consultation at 972.562.2212. We represent men or women in Collin County and the entire DFW Metroplex, including counsel to anyone asked to sign a premarital/post-marital agreement.
* Attorneys George Parker and Danny Garner are certified as Family Law Specialists by the Texas Board of Legal Specialization.
George Parker
Mark Montgomery
Danny Carl Garner
Kimberly D. Smith
