Prenuptial agreements have a reputation for preceding marriages that are destined to end in divorce, but that stereotype is far from true. In many cases, establishing ground rules for how to handle certain marital issues in advance of the wedding can strengthen a marriage, rather than preemptively weaken it.
However, it can be tough to create an agreement that covers everything you and your spouse want to while still remaining legally enforceable. This is especially true if you try to craft it without guidance from an experienced family attorney in Arkansas. Fortunately, a seasoned Texarkana prenuptial agreements lawyer is available to guide you through the drafting process and make sure you end up with a document that both of you are satisfied with.
While they generally focus on issues that might come up during a prospective divorce, prenuptial agreements in Arkansas can cover nearly anything related to a marriage, from division of property to division of household responsibilities. Some of the matters that Texarkana prenup agreement attorneys most commonly help incorporate into these contracts include:
If a prenuptial agreement is valid and enforceable in the eyes of a court, any instructions it establishes for these issues will almost certainly be enforced in the event of a divorce. This helps to simplify and speed up the process. There are some matters that these agreements cannot make binding determinations about, notably child support and child custody.
Like many other states, Arkansas has adopted the guidelines for prenuptial agreements set out by the Uniform Premarital Agreement Act. According to this law, a prenuptial agreement in Texarkana is only enforceable if it is in writing, signed by both parties, and executed “in contemplation of marriage”—in other words, written by and applicable to two people who intend to get married in the near future.
However, the presence of a signature does not necessarily make an agreement enforceable. If one party signed a prenup under duress, a court will not enforce any of the agreement’s terms. Additionally, courts will not enforce agreements that are “unconscionable,” which means an agreement was not based on complete reasonable knowledge of both spouses’ financial obligations and interests. A local prenuptial agreements lawyer could offer further clarification about what makes this kind of document valid in the eyes of the law.
Drafting and signing a prenup does not have to be a distressing prospect, especially if you have enlisted professional help to do it. In fact, it can often be a mutually beneficial way for you and your spouse to establish expectations and clear up disputes before they negatively impact your relationship.
Talking with a Texarkana prenuptial agreements lawyer could help you understand how these documents work and decide whether making one would be right for you and your partner. Call today to set up a meeting with a legal representative.