Prenuptial Agreements Lawyer in McKinney, TX
When you begin planning a wedding, you may not want to consider the possibility of divorce. However, if you have significant assets or children from previous relationships, preparing for all situations is just smart. Instead of thinking of a prenuptial agreement as a negative, consider how it can give both spouses clarity on who will get what if the marriage ends.
At Petitt Family Law, we want to help you find peace of mind regarding your upcoming marriage. Our prenuptial agreements lawyer is ready to address your concerns and answer all your questions regarding what these contracts are and how they can work in your best interest. Contact us to schedule a consultation to learn more.
Understanding the Basics of Prenuptial Agreements in Texas
When a marriage ends, it can be frustrating to work out how marital assets will be divided. Untangling emotions from the facts of financial issues and property division is very challenging without professional legal guidance. A prenuptial agreement allows a couple to carefully consider many aspects of their lives that could cause discord later.
Prenuptials are commonly associated with situations such as one person being much wealthier than their future spouse, but they are also valuable for those with fewer assets. These agreements can be used to protect the financial interests of children from a previous marriage or a previous relationship in the event of a divorce.
Prenups can also govern how a marriage will function, even if there is no divorce. A married couple can benefit from establishing how property will be shared and used. Protecting each spouse’s income, assets, and needs can be a critical function of a prenuptial agreement.
Texas state law requires that prenups must be in writing and signed by both parties prior to the marriage. They can be invalidated in certain circumstances, such as if:
- One party was coerced into signing by force or under duress.
- One party did not fully disclose all their assets, causing the other party to sign a fraudulent document.
- The agreement is found to be unconscionable (vastly unfair to the other party) by a court.
Divorce and Property Division
One of the most critical topics for a prenup is property division during divorce. Texas is a community property state, meaning that almost everything acquired by either spouse during a marriage is owned by both spouses. Each spouse has equal rights to use the asset during the marriage. Prenuptial agreements often address property owned prior to the marriage to ensure these items remain the separate assets of their respective original owners.
Types of Prenuptial Agreements
In addition to addressing financial concerns during a marriage and in the event of divorce, prenuptial agreements can detail other concerns the parties may have. Generally, these documents will focus on:
- Asset division and spousal support: While a prenup may include existing property owned by the spouses, it should also take into account how they will manage future assets. Prenups can also delineate how much alimony should be paid after a divorce.
- Outlining a potential separation agreement: While no one wants to plan for divorce, it can be very useful to establish a template for creating a separation agreement that supports future custody and child support agreements. If a split happens, it is easier to pick up the pieces when a plan is already in place.
Thank you so much for all of your help! You and your team have been great and a huge help in aiding me to navigate through those difficult times. I’m glad it is finally over and I’m happy I had such an amazing team in my corner!- Ben
You don’t know what you don’t know. However, you do know when something is not working out. With that said, I went through a couple of attorneys before being represented by Melody Petitt and that made all the difference.
I will start off saying that the divorce process is like a game. And the law is the rule book, which is a constant that does not change. Where the game gets interesting are the players involved, petitioner, respondent and legal team. Every case is unique, yet some attorneys approach the process as if it’s all the same. However, in my case, we were dealing with a high conflict personality; and, it cannot be taken lightly. Unlike my prior attorneys, Melody jumped on my case and took the time to really understand my situation and what we were dealing with. She took the time to educate me on the law and how it applied in my situation, whether it was something I wanted to hear or not. The law is the law. She knew how to deal with the opposing party. Strategy was the key, and she was prepared for anything. She earned my trust and with that trust, she help make this process tolerable. Most importantly, she was able to get my case wrapped up in a timely manner with a desirable outcome. An outcome that would not have been possible otherwise. I highly recommend Melody Petitt.- Dai
Simply the best lawyer I have ever had. I have had the pleasure of having her work on my case for a year. She is full of information and guidance. She is not afraid to tell you if what you think is a bad move and direct you in the right direction. She will not let you down.- Anonymous
Responsive, efficient, so knowledgeable about the law and what you need to get through the process. Melody and Stacy are a dynamic pair that you can trust to have your best interests in mind always. Love them.- Kayti
When Melody took over my case, it was going nowhere, the previous attorney had done nothing for months but allow opposing counsel to stall, allowing my case to become dormant, luckily that attorney left the firm. When Melody took over she immediately began filing motions, requesting documents that previously had been denied. The outcome of my case was not all I’d hoped for, but Melody made sure I was able to maximize and make the best out of a bad situation. She was always honest, forthright, and meticulous in her handling of the case. She even pushed for the firm to credit my account for work that the previous attorney had not completed. If you want integrity, honesty, and hard work, definitely hire Melody Petitt as your counsel.- Tomas
Melody and the firm’s staff gave us excellent assistance in our successful effort to gain custodial control of our grandson. She guided us through the process, timely filed all documents and gave us great representation in the court proceedings.- Steven
Custody situations are not fun and as a father, it always seemed like an uphill battle but because of Melody I had not the best legal representation but a group of people who had my back and made sure that my son’s best interest was always THE priority. Melody was relentless in ensuring that the job was done right and successfully. Words can’t express my gratitude, thank you Melody! THANK YOU FOR MAKING THINGS RIGHT!- Josh
Melody exemplifies everything that I needed in an attorney. She followed through on every aspect of what she said she would do. Along the way, she always kept my interests in mind when following up with the courts and giving me closure. All this in just a few short weeks before closing out the 2020 year during a pandemic.
In my previous experiences, I’ve always had to chase down my attorney or come up with the solutions on my own. Melody was the exact opposite of that. Replies were very timely, and she came up with solutions prior to discussing with me with any setbacks that would come up.
My only regret is not hiring her initially several years ago.- Anonymous
Work with a dedicated law firm with positive reviews from happy clients.
Attorney Melody Petitt has over 2 decades of family law experience.
Meet with Petitt Family Law during a virtual consultation!
Our law firm focuses all of our practice on family law.