Marital Property Agreements
Marital Property Agreement Legal Advice in Austin, TX
Divorce statistics remain relatively constant, and it makes sense to keep them in mind if you are thinking about marriage – especially if you are creating a blended family or have significant assets prior to getting married. Currently, approximately 50 percent of all first marriages, 60 percent of all second marriages, and 70 percent of all third marriages end in divorce. Although thinking about the end before the beginning may seem pessimistic, it is not. It is smart to consider protecting your legal rights before entering into any marriage.
Marital property agreements can be entered into by two people about to get married (Prenuptial agreement), two people already married who wish to define their community estate in a manner different than does Texas property law (Post-nuptial agreement) or, even, by two people who are living together and do not intend to be married (Non-Marital Cohabitation Agreement or “NMCA”). The NMCA clarifies that the two people involved are not married and will never have any community property. While it might appear, at first glance, to be silly to need such a document, Texas is a common law state and two people who live together may be found to be common law married even when one of the two swears that was not their intent.
Pre- and Post-Nuptial Agreements Offer More Than Wealth Protection
Premarital and Post-nuptial agreements are not exclusive to the rich and famous. There are many reasons to consider such an agreement even if you are not “wealthy,” such as:
Protecting the inheritance rights of children from a previous marriage.
Ensuring the safety of a family business in the case of sudden death or divorce.
Ensuring that separate marital property is accurately classified and unavailable to a spouse in the event of divorce.
Protecting the assets of a spouse when his/her spouse is a doctor, lawyer or other professional at higher risk of being sued and having a judgment entered against him/her
Creating, Enforcing, and Contesting Prenuptial and Post-Nuptial Agreements
Texas family law presumes that all assets acquired or earned during a marriage should be divided fairly in a divorce. Unfortunately, there are times when parties cannot agree to the distribution of assets, so the decisions are left to the court – and taken entirely out of your hands. A carefully drafted prenuptial or postnuptial agreement can ensure your interests are fully protected and can expedite divorce proceedings should they occur.
The Morrison Law Firm has over 10 years of experience negotiating and drafting valid prenuptial and postnuptial agreements, as well as facilitating property distribution per those agreements. We also address disputes involving invalid prenuptial and postnuptial agreements, such as agreements entered into so shortly before the actual marriage takes place that one spouse does not have the time to seek his/her own legal advice about the proposed agreement or might risk serious embarrassment by calling off a marriage so close to the wedding.
Avoid an Unfair Divorce Decree
Consider entering your marital relationship with a plan. Discuss your rights and concerns with an experienced Austin family law attorney at the Morrison Law Firm. Email or call our offices today at (512) 328-3030 to schedule an initial consultation.
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Comprehensive, Creative, Trusted Family Law Help
Our family law team brings extensive experience to the table, which enables us to provide a wide range of advice and representation regarding family law matters, such as:
At the Morrison Law Firm, we achieve faster, less-costly results with less stress and more respect for everyone's emotional well-being. If resolution is only possible in court, we will ensure your rights and interests remain the focus of our efforts on your behalf there as well.
Texas family law attorney serving communities throughout Central Texas
Whether it is divorce, alimony, domestic violence, prenuptial agreements, or other family law concerns, trusted family lawyer Greg Morrison can make a difference in your life.
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