The Importance of Voluntary Consent to Premarital Agreements

Contrary to the perception that discussing a premarital agreement may be back luck on your intended union, couples have reported that laying the terms out in the open has made the tricky question of finances and independent estates palatable. A prenuptial agreement allows couples to discuss their current financial positions and envision their future regarding property sharing.
Indeed, a couple can plan their desired financial future with an understanding that individual development should be distinct from joint investments. In the long run, this agreement may prove essential if your marriage hits a rocky road.
This comprehensive blog will help you understand why a premarital agreement is essential for couples. Keep scrolling below:
Essential Requirements of a Premarital Agreement in Texas
Before drafting the agreement, it is important to be aware of the eligibility criteria that must be met for the prenup to be considered valid. They include:
- It must be written and signed by both spouses
- You must have willingly agreed
- It must contain full financial disclosure from both spouses
- The agreement should be fair to both spouses
Keep scrolling to understand the different factors that can void a prenuptial agreement:
The “Voluntary” Discussion
The Texas Family Code Section 4.006 provides for the enforceability of the Premarital Agreement. According to this legal provision, the courts will invalidate an agreement if one party is coerced or does not have independent legal counsel.
If undue influence, coercion, or threat from a partner were present before signing the agreement, a petition for dismissal can be made to the court. As such, the importance of voluntarily consenting to premarital agreements cannot be overstated.
Full Disclosure
Omitting any information about your assets is sufficient reason to invalidate your premarital agreement. If there is a belief that a partner did not provide an accurate depiction of their financial position, a petition can be made to the court to dismiss the agreement. It is important that the waiver be documented in writing and provided voluntarily.
Full disclosure requires you to be fully informed of your partner’s obligations, responsibilities, and assets before signing the agreement. By consulting an attorney familiar with Texas premarital laws, you will be well apprised of your rights and what is considered unfair by law.
Can I Terminate My Premarital Agreement?
Yes, just as the premarital agreement requires you to agree with your partner, you can also jointly and voluntarily agree to amend or terminate the contract.
“The termination of a premarital agreement is subject to strict scrutiny to ensure voluntary consent and full disclosure. Any attempt at coercion can render it invalid,” says family law attorney Matt Towson of Towson Law Firm, PLLC.
Get an Experienced Family Law Attorney
For many reasons, finding an attorney with whom you can work closely to develop a premarital agreement is ideal. A Texas family law attorney understands the importance of full disclosure and voluntary execution by your partner to avoid invalidation of the contract in the future.
Conclusion
Contrary to public opinion, a prenuptial agreement is not a prerequisite for a failed marriage. It’s quite the opposite. It’s a framework that ensures stability and understanding as you navigate the journey of marriage with your partner. A Texas family law attorney can help you draft a custom prenuptial agreement that reflects your responsibilities and complies with state and federal requirements.
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