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If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid. Additionally, both parties must have at least seven days to consider the terms of the prenup before signing.

A prenuptial agreement is one stress-free way to define premarital assets before you ever consider a divorce. You can easily lay out whose property is whose and what will happen to it during a divorce.

A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.

The Prenup Was Not Signed Voluntarily Texas Family Code § 4.006 requires both parties to a prenup to enter into the agreement voluntarily. Otherwise, the agreement will be deemed invalid. If one party does not sign a prenup with their own free will, the court will most likely invalidate the entire agreement.

While it is certainly not the most romantic part of your wedding planning, any unwed couple can elect to form a prenuptial agreement not only to protect what they have prior to the marriage, or in some cases, protect any future assets they should acquire during the marriage.

Prenuptial agreements can't include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse.

A prenup can also protect any income or assets that you earn during the marriage, as well as unearned income from a bequest or a trust distribution. Without a prenup, you may be required to pay alimony to your ex-spouse. However, with a prenup, you can predetermine a specific alimony amount or even eliminate it.

7 Things to Include in Your Prenuptial Agreement Premarital Assets. ... Premarital Debts. ... Waiving the Right to Alimony. ... Financial Responsibilities. ... Provisions for Children from Previous Relationships. ... Business Earnings. ... Retirement Accounts.

The signing party must have full knowledge of the other spouse's property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.