When an Austin divorce attorney prepares a prenuptial agreement, he or she must do it in a way that looks for potential pitfalls in the future. The prenuptial agreement should be drafted in a manner that it can withstand challenges to it in court.
The Austin divorce attorney who is responsible for drafting the prenuptial agreement or reviewing the agreement on behalf of a client should act as if the divorce has already been filed. It is easier to prepare an agreement while the parties are amicable. However, the prenuptial agreement should be drafted by looking toward the future.
There are several considerations that should go into preparing an effective prenuptial agreement. For example, what happens upon the death of one of the parties should be included in the prenuptial agreement. This is especially important as more second marriages are entered into at later times in life. Each prenuptial agreement should be different because it is based on the particular needs and circumstances of the couple.
However, each one should be guided by specific principles. For example, both parties should fully disclose their assets, liabilities, and income to the other. Beyond the basic legal requirements, attorneys who draft prenuptial agreements should also take steps that are not necessarily legally mandated. They should consider any potential defenses to enforcement and take steps to help eliminate them before they are ever raised in court.
An Austin divorce attorney may be able to draft a prenuptial agreement or review the draft that another attorney has prepared to protect your financial interests. However, he or she will first need the following documents to help prepare a financial statement that shows the income, assets and debts that each of you have prior to entering into marriage.
For help with preparing your prenuptial agreement, contact an Austin divorce attorney from Nunis & Associates by calling (512) 236-9696.