Family Lawyers

Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.

Early in law school we learned that any bargain for consideration can be legally binding, meaning anything even written on a cocktail napkin can be binding if it contains the elements necessary to deem it a contract. Although I am answering this as a hypothetical and not as your attorney it is very possible for an agreement to be deemed legally binding when done via email if it can meet the threshold of being a contract. The basic elements for a contract or legally binding agreement are offer and acceptance, adequate consideration, capacity and legality of the contract. If an email contains all those elements it can be an agreement that was made through the course of the communication. I would certainly recommend speaking with your divorce attorney or a family law attorney licensed in your state if you are concerned about any possible liability. *The answer above does not constitute legal advice, nor create an attorney-client relationship.*

I suggest you submit a proposal for lawyers to bid on.

I can prepare a postnuptial agreement for you in 1 day. All you would need to do is add details of your assets. To execute it, you need to sign it before a notary to have it notarized. Feel free to get in touch if you would like to discuss it further. Thank you.

A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.