Dallas Prenuptial Agreements Lawyer & Dallas Postnuptial Agreements Attorney
What is a Prenuptial (Premarital) Agreement?
A prenuptial (premarital) agreement in Dallas is a written contract that two people who are planning to marry voluntarily sign before their marriage. The contract becomes effective upon their marriage and ends on the date they specify in their agreement.
Prenuptial (premarital) agreements are most often used in Texas to:
- Preserve family fortunes for children from an earlier marriage
- Eliminate or limit future spousal alimony
- Protect a spouse from personal liability for the other spouse’s business
- Keep a party’s income or property separate (preventing the creation of community property)
To be valid, a Dallas, Texas prenuptial (premarital) agreement must:
- Be in writing;
- Be signed voluntarily by both parties;
- Not be unconscionable when it was signed; and
- Before signing the agreement the parties must have had the opportunity to receive a full disclosure of their property and financial obligations and did not waive that opportunity.
What are Postnuptial (Partition/Exchange) and Conversion Agreements?
There are two types of postnuptial (after marriage) agreements: (1) partition/exchange agreements and (2) conversion agreements. In Texas, a partition/exchange agreement allows spouses to agree that community property (property acquired during marriage and owned by both spouses) will be changed to separate property (property owned only by one spouse). A conversion agreement allows spouses to do the opposite; that is, to convert separate property into community property.
To be valid, a postnuptial (postmarital) agreement must:
- Be in writing;
- Be signed voluntarily by both parties;
- Specifically identify the property that the spouses are agreeing to change from separate to community or vice versa;
- Use the words “partition” or “exchange” to show that the spouses intend to change the characterization of the property to be community or separate;
- State that the partition or exchange will become effective on signing the document; and
- Before signing the agreement, the parties must have had the opportunity to receive a full disclosure of their property and financial obligations and did not waive that opportunity.
A premarital or postmarital agreement cannot be used to:
- Adversely affect a child’s right to receive child support
- Violate a criminal law or public policy
- Defraud creditors
If the premarital or postmarital agreement affects ownership of real property, the agreemen t must be in writing and signed by both parties and should be signed in front of a notary public and recorded in the records of the county where the property is located.
|
Caution Premarital and postmarital agreements can be changed in writing by the agreement of both parties, but they are very difficult to overturn. For this reason, it is critical for both parties to get advice about their rights from their own separate prenuptial or postnuptial agreement lawyers in Dallas, Dallas County, Texas before signing any prenuptial(premarital< /strong>) or postnuptial (postmarital) agreement. |
How do I know what my property is worth before I enter into a prenuptial or postnuptial agreement?
You will want to know and understand what rights to property you are gaining and what you might be giving away before you sign a prenuptial or postnuptial agreement. In order for an agreement to be enforceable, the parties to a premarital or postmarital agreement in Texas must have the opportunity to receive a full disclosure of their property and financial obligations. For some, getting this information may require having specific property, or even their entire estate, appraised. Here are some Dallas area jewelry and business appraisers.
Jewelry Appraisers
|
Jarvis Gems and Jewelry Appraisals 5550 LBJ Freeway (I-635), Suite 520 Dallas, TX 75240 (972) 851-0009 www.dallasjewelryappraisals.com |
Geolat & Associates 16910 Dallas Parkway, Suite 204 Dallas, Texas 75248 (972) 239-9314 www.geolat.com |
|
Gronberg M Jewelry Appraisers 5924 Royal Lane Dallas, TX (214) 369-5361 www.jewelrygallery.us |
Dallas Jewelry Buyers 8226 Douglas Avenue Suite 748 Dallas, TX (214) 520-8600 www.dallasjewelrybuyers.com |
|
Yerxa Richard Jewelry & Accessories 8411 Preston Road Dallas, TX (214) 739-3906 |
Gem Appraisal Services 4305 Alpha Road Dallas, TX (972) 387-0717 |
|
DFW Engagement Rings 5580 Lyndon B Johnson Freeway Suite Dallas, TX (972) 233-5808 |
Diamond & Gold Trading 2750 W Northwest Highway, Suite 130 Dallas, TX (214) 654-9700 |
|
Walnut Coin & Jewelry Exchange 3720 Walnut Hill Lane, Suite 105 Dallas, TX (214) 357-1111 www.walnutgoldandsilver.net |
Motek Diamonds - GIA and EGL Certified 5580 Lyndon B Johnson Freeway, Suite 61 Dallas, TX (972) 233-6708 www.motekdiamonds.com |
Business Appraisers:
Union Business Appraisers
Brian A. Wendler, Principal, CPA/ABV, ASA, CM&AA, BCB, CMEA, MCBC
National Business Valuation Services, Inc.
17480 Dallas Parkway, Suite 220
Dallas, TX 75287
(972) 235-6287
Call now to speak with a qualified Dallas prenuptial and postnuptial family law and divorce attorney today.
Divorce Attorneys & Family Lawyers Serve Dallas and Surrounding Cities
Serving clients throughout Central Texas, including Addison, Allen, Arlington, Audelia, Balch Springs, Bedford, Cedar Hill, Carrollton, Cockrell Hill, Coppell, Dallas, Dalrock, De Soto, Duncanville, Farmers Branch, Ft. Worth, Forney, Garland, Glenn Heights, Grapevine, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Lewisville, Mansfield, Mesquite, Midlothian, Murphy, Plano, Richardson, Rockwall, Rowlett, Sachse, Seagoville, Sunnyvale, Trinity Mills, University Park, Wilmer, Wylie, areas in the vicinity of Dallas-Ft. Worth International Airport, and other communities in Collin County, Dallas County, Denton County, Kaufman County, and Rockwall County.