When engaged couples in Texas consider a prenuptial agreement, many assume they can save time and money by working with just one lawyer. While Texas law does not require each party to have independent counsel, relying on a single attorney can raise concerns about fairness and enforceability. For this reason, it’s strongly recommended that both parties retain their own prenup lawyer in San Antonio to ensure their rights and interests are fully protected.
The Role of Attorneys in Enforceable Texas Prenups
Texas law does not require both parties to have an attorney for a prenup or to be given the option of obtaining one. You can negotiate and execute a valid prenuptial agreement using only one lawyer from a single law firm. It’s understandable why most couples take this route, as no one wants to trigger the adversarial legal system in anticipation of marriage. However, it does come with certain risks if the agreement involves the substantial waiver of certain spousal maintenance and property rights.
Benefits of Retaining Independent Prenup Counsel
Texas law permits future spouses to execute a premarital agreement regarding the use and distribution of specific assets before marriage. Prenups may legally address the following:
- Separate property
- Marital (community) property
- Property distribution upon divorce
- Spousal maintenance
- Control and management of marital assets
- Wills and trusts
- Life insurance benefits
Because most prenuptial agreements involve the waiver of otherwise default property rights under Texas community property laws, working with only one lawyer is a risk. A future husband’s family attorney can draft an agreement more favorable to his past client, meaning his client’s future wife may not fully understand the rights she’s being asked to waive. Retaining an independent attorney for each future spouse can protect one spouse against allegations that they coerced another spouse into signing an unfavorable prenuptial agreement based on poor legal advice.
Factors That Can Make a Prenuptial Agreement Unenforceable in San Antonio, TX
Texas courts may refuse to enforce a premarital agreement if one party did not sign it voluntarily or if the contract was unconscionable at the time of its execution. In legal terms, “unconscionable” means so unfair under the circumstances that a court finds it unacceptable.
A judge may also decline to enforce a prenuptial agreement if the disadvantaged spouse can demonstrate that they were not given full and fair disclosure of property or financial obligations and did not validly waive their right to that disclosure. Relying on a single lawyer to draft a one-sided agreement often increases the risk that the court will later find the prenup unconscionable.
Obtain an Independent Prenup Lawyer in San Antonio
You should always hire independent legal counsel for each spouse if your prenuptial agreement (prenup) involves a significant waiver of certain community property rights. While reputable family attorneys, such as the prenup lawyers at the Cook Law Firm, strive to draft an agreement that’s both enforceable and fair, retaining independent counsel can protect your future interests following high-asset marriages.
Discuss the best option for drafting strong and enforceable premarital agreements with our San Antonio family lawyers today. Call (210) 740-0281 or connect online.