Prenups are an ideal way to protect yourself financially if your marriage ends. However, if you don’t have legal representation when you draft your prenup, it could come back to haunt you. Experienced attorneys know what should be included in a prenup and can ensure that it is fair.
You’re head over heels in love with the person who is soon to be your spouse. You know you’ll be together forever, but just in case, you agree to create a prenuptial agreement. It can’t be that hard, can it? It might seem easy now to determine how you would want to handle your finances if your marriage were fractured. However, if it comes time to enforce the agreement, you might regret any concessions that you made. For this reason and many others, it’s always a wise idea to have a seasoned Sugar Land prenuptial agreement lawyer draft your prenuptial agreement.
Are You Required to Hire a Sugar Land Prenuptial Agreement Attorney?
In Texas, there is no legal requirement for you to have a Sugar Land prenuptial agreement lawyer assist you with your prenup. However, that’s not to say you shouldn’t have one. In fact, each spouse should be represented by their own attorney. Depending on the circumstances and the details of the prenup, a divorce court judge could refuse to enforce it if one spouse didn’t have legal representation.
The Benefits of Hiring an Attorney for a Prenup Agreement
Before you decide you can draft and agree to your prenuptial agreement without legal help, consider the following benefits:
- Enforceability: You want to be sure that your prenup is enforceable. Unfortunately, most laypeople don’t understand enough about Texas prenup laws and family courts to represent themselves. If you create a DIY prenup, it’s possible that you could miss details that impact the enforceability of the prenup. For example, each party must provide full disclosure of their assets, income, and debts. If they don’t, not only is the prenup unfair, but it may also be unenforceable.
- Ensuring Fairness and Thoroughness: A Sugar Land prenuptial agreement attorney can help you understand what you are signing and whether it is fair to you or not. You might also forget or be unaware of specific issues to address in your prenup, such as what happens to the marital home, retirement, or business assets.
- Increasing Validity: Simply having an attorney represent you during the process of creating and signing a prenup can increase the validity and enforceability. If a judge sees that one or both spouses didn’t have legal help when drafting and signing the prenup, they may see it as unfair and not legally binding and refuse to enforce it.
Call an Experienced Sugar Land Prenuptial Agreement Lawyer
Getting married is one of the most significant decisions you will make. How you want to handle financial matters if your marriage ends is also a significant decision that can impact nearly every aspect of your life long into the future. Don’t risk your financial future by forgoing legal help with your prenup agreement.
Learn more about drafting a prenup by scheduling your legal consultation today. Call Jaime Jordan, PLLC at (832) 463-4933, or reach out to us online.