How do you make a prenuptial agreement a legal binding document?
Full Question:
Answer:
Texas has adopted the Uniform Premarital Agreement Act and the
following legal requirements for premarital agreements:
§ 4.002 FAM.
Formalities: A premarital agreement must be in writing and
signed by both parties. The agreement is enforceable without
consideration.
§ 4.006 FAM.
Enforcement:
(a) A premarital agreement is not enforceable if the party against
whom enforcement is requested proves that:
(1) the party did not sign the agreement voluntarily;
or
(2) the agreement was unconscionable when it was signed
and, before signing the agreement, that party:
(A) was not provided a fair and
reasonable disclosure of the property or financial obligations of the
other party;
(B) did not voluntarily and expressly
waive, in writing, any right to disclosure of the property or financial
obligations of the other party
beyond the disclosure provided; and
(C) did not have, or reasonably could
not have had, adequate knowledge of the property or financial
obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be
decided by the court as a matter of law.
(c) The remedies and defenses in this section are the exclusive
remedies or defenses, including common law remedies or defenses.
Generally, parties to a premarital agreement must have a fair
opportunity to review the proposed agreement and to have independent
legal counsel. While an agreement where both parties did not hire
counsel is not necessarily invalid, hiring attorneys is another step
that can demonstrate to the court that the agreement is fairly drafted
and that both parties are making informed decisions. Although Texas law
does not explicitly require that premarital agreements be reviewed and
signed by an attorney for each party to become a legally binding
document, the U.S. Legal premarital agreements for Texas include a
disclaimer at the top of the first page of the agreement that emphasizes
the importance of each party having had at least the opportunity to
consult with a separate attorney of his or her choice licensed to
practice law in the applicable state of residence. Additionally, at the
end of the agreement there are spaces for the signature of approval of
attorneys for both parties. By signing the premarital agreement, each
party is acknowledging that he or she has read, understands and agrees
to the agreement’s terms and is not acting under duress or undue
influence but executing the agreement freely and voluntarily.
