The wife did not want to sign the marriage agreement, but her husband convinced her on the basis of false promises that he would destroy if they had children together. The court eventually ruled in the woman`s favour and said she had been convinced against her willingness to sign the marriage agreement. An agreement was involuntary when the person was required to sign the document (i.e. a gun to the head), the signature was obtained by fraud or inappropriate influence. Normally, in the development of a matrimonial agreement, both parties will receive separate counsel to rebut a subsequent argument that the agreement was misinterpreted or misunderstood. The non-will of a prenup is a very high level that can prove itself. It is not enough for one spouse to threaten not to marry the other without Prenup. In addition to advising clients in the event of a pre-marriage agreement, our experienced Prenup lawyers can also design or verify real estate contracts concluded during the wedding. Married persons can divide common property into separate property, convert separate property into common property and create survival rights into common property. Pre-marital agreements (Prenups) are most frequently used in situations where one or both persons wishing to marry want to distinguish between separate lands and parts of the communal good. We have seen cases where the parents of a younger person have insisted on a marital agreement as a condition of their support for the union. For the most part, pre-marital agreements help to support the marital relationship and the well-being of spouses by avoiding marital conflicts over the spouses` wealth. They can also facilitate the sharing of community and separate property when a marriage is dissolved.
Real estate that may be subject to a pre-marital agreement is crudely defined and includes all “current or future interests, legal or fair, of free movement or quotas, of real or personal property, including income and income.” An experienced professional lawyer can help protect your wealth as you enter into a marriage. Although not all couples need or want a marital agreement, there are several cases where this agreement can be beneficial. If a partner has a lot of debt, owns his own business, has children from a previous relationship, has family allowances, already has valuable assets or is considering leaving work to care for children, a marriage agreement should be considered. Clearly, the main purpose of a marriage agreement is to settle the division of the estate into a divorce. There is, therefore, some truth in the assertion that a conjugal agreement recognizes the possibility of divorce. But that`s not the only reason you want one. As has already been said, the legislature and the people of Texas have made a public decision to enforce pre-marriage agreements.